Q: Can a landlord evict a month to month tenant (without a contract), without a written eviction notice?
Can a landlord evict a month to month tenant without an eviction notice?
Hi, I need legal information on how and when an eviction can take place. My lease was up in Dec 2017 but my landlord has been letting me stay on a month to month basis. We do not have a written agreement. I have not paid my rent this month and plan to move on the 25th of May 2018. My landlord still has my deposit from when i initially moved in. I told him he could keep it for this last month's rent, and I am also moving out a week before the month is over. He texted me ok. I can stay until the 25th and then decides the 25th isn't good for him and tells me he will be up on the 23rd to change the locks and put me and my children out. I have nowhere to go until the 25th. Can he actually throw me out without a actual eviction notice? And can he change the locks? Will sheriff come and help him throw me out? I need help asap. I am buying a house that is the reason i stayed on a month to month basis but i don't close on
A: He will need to go to court and get a writ of assistance before he can force you out. And in the mean time, he cannot change the locks, etc. so as to get you to leave. He is also required to give you a written notice so many days in advance (if you are behind in the rent, perhaps 3 days), but if he texted you to be out by the 23rd instead of the 25th, that may suffice as a "written" notice.
Steve Louis-Charles agrees with this answer
A: No, the landlord may not change the locks and may not throw you or any others on the property out without first following the pre-eviction formalities such as posting a 5 day notice, filing a formal eviction complaint, obtaining a final judgment of eviction and the sheriff's execution of a writ of possession. If the landlord attempts to change the locks or throw you out without first completing the previously stated it would be considered by the law as "self-help" which is strictly prohibited and landlord may be subject to a civil fines. I would suggest you promptly contact law enforcement should the landlord attempt this. Law enforcement officers should force the landlord to cease and desist as well as provide information on the legally permissible steps to follow for ejecting one from property within this state. Hope this helps.
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