What to do if I received a 30 day notice on the the 1st (yesterday) to vacate the premises by the 30th of next month?

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What to do if I received a 30 day notice on the the 1st (yesterday) to vacate the premises by the 30th of next month?

I was unaware what I was being evicted for and I called and asked and she said she does not have to give a reason. Is this true?

Asked on October 2, 2012 under Real Estate Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First of all, if you have a written lease then you need to check its terms and conditions regarding a notice to vacate. They will control. If you don't have a lease, then you are a month-to-month tenant. Accordingly, you can be given a 30 day notice. Whether or not it has to be in writing and just how it is served, etc. will depend on specific state law. Additionally, no reason for such a notice need be given to the tenant.

That having been said, in this situation your notice should have been given the day before the 1st of the month, not on the 1st. Therefore, you should be able to get another month of occupancy.


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