Q: My lease is up in one day. Can i be put out?
Due to a hold up from covid19 my new house will be ready in 2-3 weeks. I have 2 children so I don’t want to be homeless.
A:
If you a residential tenant, you are not kicked out if you hold over.
You will have to pay any rent or fees as a hold over tenant.
If the landlord wants you out the following steps must be taken:
(1) demand to vacate;
(2) file dispossessory affidavit in court;
(3) serve the affidavit on you (personally or through tack and mail)
(4) give you 7 days to answer by filing in court
(5) attend a hearing
(6) give you 7 days to move out after a hearing
(7) get a writ and schedule a time for a deputy sheriff to appear for the eviction
This takes more than 3 weeks. However, you should (1) answer the dispossessory affidavit if served; and (2) attend the hearing even if you have moved out.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
