CanI be evicted in 5 days?
Get Legal Help Today
Secured with SHA-256 Encryption
CanI be evicted in 5 days?
My roommate and I moved in 5 months ago. His name appears first on the lease. I’m disabled and receive SSD. He moved out without giving me any notice 2 months ago. I can’t afford rent alone I informed the landlord of this. I am seeking affordable housing for myself and have an appointment to see an apartment on tomorrow. However my landlord served me a 5 day notice today. What can I do? Can I be given time to find an apartment or thrown out with my belongings in 5 days? There was no court date on the notice I received today.
Asked on August 18, 2011 Illinois
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You don't have to be out in 5 days. If you remain, your landlord will need to file an "unlawful detainer" (i.e. eviction lawsuit). The case will then be heard by a judge who will in all likelihood (unless you have some legitimate defense that you did not state) order you to vacate the premises. If you fail to do so, the sheriff can be called to remove you. The whole process from service to physical removal can take about 4-6 weeks or longer depending on the jurisdiction. However, if you owe rent, your landlord can go to small claims court and obtain judgement against you. Your non-exempt assets can then be seized and a notation of this can be put on your credit report .
Note: SSD is non-exempt so that cannot be taken. Just make sure that you have these funds direct deposited into your bank account.
You should be aware that your landlord cannot use and selp-help measures to get you to move. So if he shuts off utilities, removes your belongings and/or changes the locks this is illegal. You could sue him for unlawful eviction.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.