Q: Can an eviction notice be given, along with court summons after the eviction date had expired without prior notice?
72 Day Notice of Termination of Employment Agreement and occupancy of premises dated January 11, 2020. Was posted on building door the 23rd of January. Stating that my occupancy will terminate at end of day January 18, 2020. Also with this was a court order, along with complaint. Court order for Thursday 1/30/2020 at 8:30am
A: A landlord filing eviction must include a copy of the Notice of Termination of Tenancy that they are relying upon with the Complaint, which in turn has to be served upon the tenant which can be done by posting the papers on the main entrance door. It sounds as if this may be what has happened, with the landlord presumably claiming that they served you the Notice prior to January 18 and with you denying that. IF you want to fight the eviction, you MUST appear in court and it certainly would be a good idea to have reviewed everything with a local landlord-tenant attorney. IF it appears to be a defective notice to them, they might even represent you on a contingency, meaning you would not need to pay them anything beyond possibly an initial interview fee. Rather they would rely upon collecting their fees from the landlord upon either prevailing or settling the case. Good luck.
Katherine Goodman agrees with this answer
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.
