Q: Does a 90 day no cause eviction have to be filed with the court system to be valid?
Or is simply posting a notice enforcable? I rent a room from the homeowner and she has decided to terminate my 1 year lease by posting a notice on my door. Do I have any rights as a tenant?
A: I am not clear on your situation. A landlord may serve you with a 90 day no cause termination of tenancy notice so long as by the time it becomes effective (i.e. day 90 or later) you are on a month to month tenancy. A landlord may not terminate a fixed-term lease early with any form of no cause notice. The Notice, of course, must be properly worded and lawfully served, but if the above requirements are complied with, it presumably is valid and enforceable. If you do not move out by day 90, then the landlord can proceed to file an eviction lawsuit in court. If you elect to vacate before the date specified in the notice, then you must provide at least 30 days prior written notice to the landlord or face paying rent through 30 days after you leave, or the 90 day notice date, which ever comes first.
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