Q: Can the landlord kick me out? In the case the landlord can, how much time do I have to leave?
The landlord has been complaining about noise after 11pm. They live below, but sometimes we may get up at night to use the bathroom. The landlord is threatening up for months about having to leave. We installed foam flooring and a rug to help absorb any possible noise. This is a month to month rental, there's no lease attached. We have been here for 2 years and 8 months. The landlord is difficult to work with but its come to a point where I don't feel safe going to the bathroom because I don't want to wake them up. Ideally I would love to stay because this rental is nearby work and accepts dogs. I would like to move on my own time, this will allow me the time to look for another place. The previous tenants received a letter from a lawyer and they moved out. I live with my 3 kids and dog, we don't have people over and don't have parties. What terms what be needed for the landlord to kick me out? At the moment I don't think she has any legal justification to evict me. Thank you!
A: Unless a tenant is rent regulated or has the protection of a current lease, the landlord does not need to justify the reason he or she may seek to evict a tenant. However, the landlord must obtain a judgment of possession from court before evicting any tenant.
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.
