If I am on a month-to-month lease, does there have to be a court order for my eviction?
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If I am on a month-to-month lease, does there have to be a court order for my eviction?
Asked on July 30, 2011 Maryland
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If a landlord simply wants to terminate a month-to-month lease for no reason (i.e. rent has been paid and the lease has not otherwise breached), a 30 day notice to vacate must be given.
If you are being evicted for cause, whether there is a written lease or an oral agreement, all tenants must be evicted through the legal process. A landlord must first serve the tenant notice; depending on the reason it is typically ranges between 3-10 days. Then they must file for an "unlawful detainer" action in court (i.e. eviction lawsuit). If a judge finds in favor of the landlord an order for the tenant to vacate will be issued. If they still do not leave the premises by the date specified in the order, the landlord get have a sheriff come to remove them, by physical force if necessary. Typically the whole process from the time that notice is given to when the sheriff comes is about 4 weeks.
Additionally, if proper notice is not given, the tenant can challenge the eviction in court. Further, if the landlord attempts self-help measures such as changing the locks, turning off utilities, or removing the tenant's possession, the tenant can sue for unlawful eviction.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
If a landlord simply wants to terminate a month-to-month lease for no reason (i.e. rent has been paid and the lease has not otherwise breached), a 30 day notice to vacate must be given.
If you are being evicted for cause, whether there is a written lease or an oral agreement, all tenants must be evicted through the legal process. A landlord must first serve the tenant notice; depending on the reason it is typically ranges between 3-10 days. Then they must file for an "unlawful detainer" action in court (i.e. eviction lawsuit). If a judge finds in favor of the landlord an order for the tenant to vacate will be issued. If they still do not leave the premises by the date specified in the order, the landlord get have a sheriff come to remove them, by physical force if necessary. Typically the whole process from the time that notice is given to when the sheriff comes is about 4 weeks.
Additionally, if proper notice is not given, the tenant can challenge the eviction in court. Further, if the landlord attempts self-help measures such as changing the locks, turning off utilities, or removing the tenant's possession, the tenant can sue for unlawful eviction.
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