Can I be told to vacate without a 30 day notice?

UPDATED: Aug 8, 2011

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Can I be told to vacate without a 30 day notice?

My boyfriend and I shared an apartment with in a private home. He died 6 months ago. According to the 1 page lease we signed some 6-7 years ago, after a year we were renting on a monthly basis. Then 2 days after my boyfriend’s death, the landlord said that he wanted me out in a couple of weeks. not even 30 days. I offered to pay the next’s rent if I could stay 30 days to pack and move. He said, “No” and that if I did stay, he would have contractors coming in daily regardless. I lost so much stuff due to not enough time. Have I a case?

Asked on August 8, 2011 Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you were a month-to-month tenant, then you must receive at least 30 days notice. That's not to say that the landlord can't offer to make it worth your while to get you to agree to leave earlier--e.g. he can offer to pay for your hotel, moving, storage, etc.--but unless you agree to leave earlier, you are owed you month notice. If the landlord evicts you without providing proper notice, that would be an illegal eviction and you could sue him to be reinstated in the premises and/or for monetary damages or compensation.

Generally speaking, 30 days notice and/or a chance to cure (or correct) a problem is needed for most evictions; there are very few grounds to evict (mostly nonpayment of rent or threatening/attacking the landlord) which allow eviction without a reasonable notice period.

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 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.

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