Can my landlord suddenly tell meI have less than 48 hours to move out?

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Can my landlord suddenly tell meI have less than 48 hours to move out?

I am behind on rent. Our lease was up 10 months ago. I am disabled and my significant other is unemployed. I have 1 minor child who lives here also. We have 3 major leaks in our roof that he said he would fix when we first moved in but that he never did. My bed, as well as my dinning room table, have damage due to his neglect. The paper he posted on my door telling me to move out in 2 days was typed by him and was not notarized.

Asked on September 22, 2011 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a written lease with your landlord for the unit you are renting, you need to carefully read its terms in that it controls the obligations owed to you and vice versa in the absence of conflicting state law as to the move out issue your are confronted with.

In most states in this country, written notice is required from the landlord to terminate a tenancy in the event of a breach by the tenant. Most states require at least thirty (30) days notice. From what you have written, his notice is defective and you cannot be forced to move upon two (2) days notice.

If there are leaks in your unit and you have reported them to the landlord without any successful fix, the attempt to terminate your tenancy apart from back rent owed may be retaliatory.

I suggest you contact the local "legal aid" office in your community of the county bar association to see if there are clinics that they provide to possibly assist you.


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