What type of notice has to be given for an evicition (apartment)

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in a month to month lease after longer agreements with same owner. Got a phone call today that he short sold the apartment back to his bank and have to be moved out by October 28th and whoever the bank sold it to is moving in on the 29th.
 

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damn....if i'm not mistaken, i think each state has its own laws....most places require (i BELIEVE) that the tenant be given a minimum of 30 days
 

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damn....if i'm not mistaken, i think each state has its own laws....most places require (i BELIEVE) that the tenant be given a minimum of 30 days

Each state is different and the amount of time. But I believe he has to serve you an eviction notice (legal document) not call call you on the phone.
 

I'll be in the Bar..With my head on the Bar
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Since he lost it in foreclosure in a lot of states his leases are void....They can get a 5 day notice to vacate the same day they get possession in Louisiana....but as said every state/county/city is different...find out fast and get the hell out...

present owner cant evict cus he doesnt own and present owner has no contract with you....
 

Honey Badger Don't Give A Shit
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The time frames vary by jurisdiction, but here's the most common sequence that must be followed

1) Notice to vacate (in writing using appropriate legal langauge for the state)....normally in three days.

If ignored (which it should be in most cases):

2) Notice of a filing with court for hearing.....normally set within next 7-14 days

If ignored and/or failure to demonstrate cause to NOT vacate

3) Court will order eviction and give five days. At that point, the local constabulary (sheriff etc) can be called on to enforce the order.

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So essentially, it's at least a 15 day and usually closer to a 30 day window wherein proper steps must be taken by the plaintiff (in this case, the current owner).

But regardless of the precise time frame, all notices must be given using appropriate legal documents PRESUMING (sorry for all caps emphasis) that your current occupancy is protected by a written lease agreement.

In the unlikely event you are not under a written lease agreement and are instead living under a verbal agreement, the owner may well be able to have police remove you without any legal evicition steps.
 

The Miracle Worker
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I have friends and family in the real estate and property management industry.

If I'm not mistaken I believe there is a thing called a "30 Day No Cause Notice"
that can be or gets used in similar situations when they need people out because
of sales and or other reasons.
 

J-Man Rx NFL Pick 4 Champion for 2005
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I have friends and family in the real estate and property management industry.

If I'm not mistaken I believe there is a thing called a "30 Day No Cause Notice"
that can be or gets used in similar situations when they need people out because
of sales and or other reasons.
I held a Real Estate Brokers license for 38 years in oregon and managed many rentals. An eviction notice must always be given in writing and is almost always 30 with no cause needed as stated above. irregardless of who buys the property, the right of the occupant must be honored.
This means that whoever buys the house in the auction or foreclosure process must abide by the Landlord tenant laws of the state. Now if the renter is being evicted for non payment of rent or some other violation of the tenant/landlord, then there is a shorter process but even then it often takes a landlord about 20 days to legally get the dead beat tenant out of the residence. I know because I have had to do an eviction many times. GL
I would actually not refer to the 30 day notice as an eviction notice in reality as it is simply a notice that you have 30 days to vacate premisses. No reason need be given by landlord to a 30 day notice to vacate.
 

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Not to steer this thread off course, but my cousin use to rent out a house and had to get someone evicted from the second floor apt. When the tenant was finally removed my cousin found that the tenant had punched holes in the walls and was using said holes for garbage, feces and urine.. He ended up getting it cleaned and selling the property.
 

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my advice to you is to start looking for a new place.

even if the law is on your side you are only going to buy yourself a few weeks, maybe a month.

in the end you're gonna end up moving anyway.

use your time apartment hunting and moving, not fighting this.
 

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Each state is different. It would be helpful if you told us what state we are talking about. I am a Florida lawyer.
 

Kev

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Just go move into the empty unit next door. With foreclosures up and all the vacancies around, you can go live for free.

What a joke this economy has become.
 
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Not to steer this thread off course, but my cousin use to rent out a house and had to get someone evicted from the second floor apt. When the tenant was finally removed my cousin found that the tenant had punched holes in the walls and was using said holes for garbage, feces and urine.. He ended up getting it cleaned and selling the property.


No bullshit?
 

J-Man Rx NFL Pick 4 Champion for 2005
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my advice to you is to start looking for a new place.

even if the law is on your side you are only going to buy yourself a few weeks, maybe a month.

in the end you're gonna end up moving anyway.

use your time apartment hunting and moving, not fighting this.
There's nothing to fight ! If the Landlord wants to give you 30 days notice to move, He needs to give you no reason ! He can give you 30 days notice to move because the sky is blue or the days are long !
 

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