If I am on a month-to-month lease, can my landlord evict me without giving a 30 day notice?

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If I am on a month-to-month lease, can my landlord evict me without giving a 30 day notice?

After my lease term expired, my landlord and I agreed in writting we were not going to renew my lease and that I would move out in 3 months. Can he evict me this month if rent is late 2 days after due date?

Asked on May 1, 2012 under Real Estate Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No notice is required in nonpayment of rent cases--if a tenant fails to pay rent when rent is due, the landlord may immediately file an eviction action in court. (Remember: the only way a a landlord may evict a tenant is through the courts.)

However, if you pay the rent in full prior to the landlord getting a judgment of possession against you (basically, prior to the court date), he will be unable to evict you for nonpayment.


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