How long must my landlord give me to move out?

UPDATED: Jul 10, 2012

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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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.

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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