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Eviction, is this legal?

Tis Me!! Asked by lanternoflight about 1 year ago, 10 answers.

I have a friend who's family was told by their landlord that they had 24 hours to leave the trailer they were renting. In high school I took a class on business law and I am sure that a landlord has to give at least 30 days notice to a renter before...

kicking them out. My friend says that the lease was coming to an end in a few months and they were looking for a new place to live when suddenly the family was given 24 hours notice to leave. I must know, is this legal? Can they possibly sue? There are 5 of them and they were forced to stay in a 2 bedroom apartment that 3 people already live in. Not to mention there are 2 children under 3 years of age.

Getting ready for the party Answered by melissab on Oct 20, 2008, 08:02AM
96 answers

Yes that is very illegal! You must give at least 30 days notice. Unless there are dangerous conditions in which the family cannot stay for their own safety. However the landlord is responsible for putting them up until they can find a new home. I would sue, but get a lawyer, because unfortunately you cannot get anywhere without one or without knowledge of the system yourself.

IQ Answered by religionisgood on Oct 20, 2008, 08:04AM
481 answers

A landlord can't just come up to a tenant and tell him or her to get out. An eviction notice is a legal document, and must be served to the tenant by certified mail. This landlord sounds very sketchy, and your friend might have grounds for a lawsuit.

Answered by dawngolder on Oct 20, 2008, 08:06AM
16 answers

u are right, if there has been a written and signed contract, then the landlord has to give the rentors 30 days notice to find another property, even then, if they cannot find somewhere else, the landlord cannot just simply throw them out, he would have to take them to court, which can be a long process

Me & my hubby Answered by colethky on Oct 20, 2008, 04:39PM
2765 answers
Advisor-small

If they do not leave on their own then the landlord would have to go to court and get the Sheriff involved. He has no legal right to lock them out of the apartment. Once he takes them to court then he would have to provide a reason for throwing them out, if the courts do not agree then they obviously will be able to continue living there. If the courts do agree then they would have a certain amount of time (normally 30 days in the winter) to get out. He can not just throw them out without a court order.

look Answered by danguitarguy on Oct 21, 2008, 02:09AM
38 answers

Actually, the very first poster is correct. It depends on the circumstance.

Not nice to laugh at other's short comings Answered by ethmer on Oct 21, 2008, 05:18AM
3529 answers
Advisor-small

 
The only way the Landlord can break the lease is to go to court and get a legal eviction for cause which would usually give 4 to 7 days to vacate the property. Cause would usually be where the tenant violated the lease or laws within the community, such as selling drugs out of the hours, etc.

Most states have Landlord/Tenant laws. Try looking it up online to see if your state has one.


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Ready for Church Answered by orion on Oct 21, 2008, 04:37PM
683 answers

When my daughter was married she and her husband were asked to leave in one week or all their things would be left outside in the front yard. She called the court house and they told her he could do that. They moved.

Every state may be different, so it's best to check first.

Not nice to laugh at other's short comings Answered by ethmer on Oct 21, 2008, 10:58PM
3529 answers
Advisor-small

 
Orion,

Maybe they were behind in their rent, in which case the Landlord could probably do it. If they weren't behind in their rent or otherwise in violation of their rental agreement, the Landlord wouldn't be able to do it without the fear of being sued for breach of contract.


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Shark Atack Answered by funadvice on Oct 29, 2008, 07:48PM
53913 answers

There should be a tenents rights department in your state...contact them...

Tis Me!! Answered by lanternoflight on Nov 04, 2008, 06:41AM
578 answers

They didnt do any of that kind of stuff.
No drugs, a few partys, but they were very well maintained and not wild at all or loud.
The poor people are living with my boyfriends family right now and it's not a real comfortable situation. I hope they find something soon, and thank you all for your advice.

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