Can a landlord give you a2 week notice to evacuate your home, if your rent was only 5 days late?

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Can a landlord give you a2 week notice to evacuate your home, if your rent was only 5 days late?

It was the first time it has ever been late. Also, can a landlord remove your things from your home before your time is up to be out of the home?

Asked on October 5, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In most states in this country, a notice to terminate a tenancy requires at least thirty (30) days written notice. If you have a written lease with your landlord, you need to carefully read it in that its terms and conditions control the obligations owed you by the landlord and vice versa in the absence of conflicting state law.

Read your lease agreement in that its terms may answer your question concerning the document that your landlord recently served you with.

I suggest that you speak with your landlord to ascertain whether or not the notice served upon you is an actual termination notice or a notice to pay what is owed or quit your lease. There is a big difference between the two documents.

A landlord cannot legally use self help to evict his or her tenant. Meaning, the landlord cannot legally remove your possessions from the rental before you have been evicted.

I recommend that you consult with an experienced landlord tenant attorney for a follow up on any more questions that you may have.

Good luck.


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