This may be the most common question I get from tenants. How much notice does my landlord need to give me before I have to move?
Let me start with this: The first step in any eviction is for you to be notified.In other words, you cannot be “kicked out” or have an unlawful detainer filed against you unless you are served with a notice.
A month to month lease can be terminated for no reason with a 30 or 60 day notice. In other words, if you have a lease that is month to month, or if you have a year long lease that expires and converts to a month to month lease, the landlord has to give you 30 or 60 days notice. How do you know? A typical month to month lease requires 30 days notice. A year long lease that converts to a month to month lease, or a month to month lease that has lasted more than a year requires a 60 day notice.
However, a 3 day notice is proper if you fail to pay rent, violate a lease provision, materially damage the property, interfere with the rights of other tenants or use the property for an illegal purpose. In other words, if you don’t pay the rent, or you violate a lease provision, like damaging the property, you can be given a 3 day notice.
If you are renting a property that is foreclosed, you are entitled to a 90 day notice under the Protecting Tenants at Foreclosure Act of 2009. There are some rules that apply and could shorten this time period. But, the general rule is 90 days if you are renting a property that has been foreclosed on.
Of course, the notice must be served on you personally. Taping it to your door is generally not sufficient. It is sometimes called a nail and mail, and if you come home to a notice taped to your door, thrown on your porch, or otherwise laying around, take pictures of the notice BEFORE you touch it.
Once you receive a notice, if you cannot move out, if you do not believe the notice was proper, or you need to understand your options, talk to an attorney. I offer free consultations to tenants who are being evicted.