If you have plans to move and you address them with your landlord, can he then try to evict you?

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If you have plans to move and you address them with your landlord, can he then try to evict you?

I told my landlord I was thinking about moving; he then gave me 2 days to decide. Then he gave me 10 days to move all of my possessions and during those 10 days he turned off all of the utilities and left an eviction notice on the door saying I wasn’t paying rent. Can he do this?

Asked on September 21, 2011 under Real Estate Law, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No, you can only be evicted for--

1) Non- or late payment of rent (actual non- or late  payment; if you can show you paid, it doesn't matter what the landlord tries to claim)

2) Violation of other lease terms

3) Grossly negligent or intentional destruction of the landlord's property, or assault, threats, etc. against the landlord

4) When your lease is up and is not renewed; and note that if you are a month-to-month tenant, the landlord *can* give you 30 days notice that your tenancy is being terminated, after which you can be evicted.

5) If the property is foreclosed upon, terminating your tenancy.

Otherwise, the landlord can't evict you simply because he's made at you or doesn't want you around or you discussed leaving with him.

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 AttorneyPages.com 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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