How long must my landlord give me to move out?

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How long must my landlord give me to move out?

My husband recently got payed off and just started back working a few weeks ago. He doesn’t get another pay check for 2 weeks. So when we told our landlord that it would be then before we can pay rent, they said they need us to be out by in 3 days. There has been no written eviction notice or court involvement, just a message on facebook from our landlord. I don’t know the laws well but can they kick us out in 3 days? I have 2 children, ages 2 and 3, that can.t be out on the street! We need more time.

Asked on July 10, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Under the laws of all states in this country, in order for a landlord to terminate a tenant's lease for a breach of the agreement or simply to terminate a month-to-month lease at a minimum a written thirty (30) day notice of termination is mandated.

The three (3) day time period mentioned by your landlord is incorrect. Possibly he or she was referring to a three (3) day notice to pay or quit which allows the tenant to remedy the non-payment issue of rent in this time period without fearing that the lease is terminated.


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