What to do when you receive a 30-day notice to vacate: Notice and a Hearing

Dependent upon the state that you reside, if your landlord attempts to evict you consider the following:

Notice
  • If you have a written lease (and sometimes even when you do not have a written lease) your landlord must give you written notice or he/she cannot ask you to move out
  • There are numerous ways that a landlord can deliver the notice.  
  • He/she may:
    • Give you the notice in person
    • Give the notice to any adult who lives in your home, or
    • Leave the notice on your door
Hearing

  • If you wish to stay and you believe that your landlord had no legal reason to give you the notice then you should exercise your right to trial
  • Your landlord will have to pay the filing fee and wait for a hearing 
  • At the hearing, your landlord will have to prove that you violated the lease and that you were served with the proper notices
Do Not Leave
  • Notice and a hearing is where it starts
  • There are numerous additional tenant rights that you may be able to evoke when a landlord attempts to evict
  • A large amount of tenants believe that landlords are able to evict as soon as the notice expires
  • This is false!
  • The landlord can only file for an eviction hearing in court where you will have the opportunity to fight the eviction and/or settle with the landlord 

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