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.
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