Q: Landlord served no cause eviction letter, used wrong last name for spouse, terminated lease 30 days out, instead of 60
My landlord decided to issue a no cause eviction, used my last spouse's nick name for first name, and my last name, also he stated the tenancy will be terminated in 30 days, and then required me to vacate in 60 days. Is this the proper form of eviction? Do I have a legal responsibility to tell him? If he writes a new eviction letter it has to start the day he serves it correct?
A: One would need to carefully read the notice and know how it was delivered to be able to opine as to the validity of the notice. That said, the name might, but more likely not, invalidate the notice. The 30/60 day issue is more likely to potentially invalidate its enforceability, but the requirement is to provide at least 30 days notice (which 60 days is of course) and the exact wording of the entire notice is critical here. No, you are under no obligation to educate the landlord as to their own errors and yes, any notice starts only when it is properly served (with an extra 3 days if the notice is only served by first class mail). Questions? Review it all with a landlord-tenant attorney. Good luck.
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