Tips for moving
January 28, 2023

What do you do when your landlord kicks you out?

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Renting a place can be difficult and occasionally cause issues, especially if you don't get along with your landlord. There are ways to establish a trustworthy rapport with your landlord, but communication must occur both ways. With all of this in mind, knowing what to do if your landlord evicts you is essential for your safety.

An eviction notice should always be served first

Without first serving you with an eviction notice or a court order, your landlord cannot legally evict you. You should notify the police right away if your landlord tries to evict you by, for example, changing the door locks or removing your items without your knowledge. Avoid taking any action as you can end up in trouble.

There are steps they need to follow before the eviction happens, and those include:

Termination of tenancy: If the termination is straightforward and without cause, the landlord must provide the tenant with at least 30 days' notice so that they can find another place to live. However, the landlord must serve you with a notice of eviction if they wish to end your tenancy owing to a lease breach. Because laws vary from state to state, check with your state. 

A landlord has the right to give a tenant short notice in particular circumstances, such as when a crime has been committed or when they pose a safety risk. With this kind of notice, the tenant might have five to ten days to leave after receiving it. 

Eviction notice: A renter who receives an eviction notice must vacate the property before or on the day it expires. Some renters might contest the notice and go to court to drag things out. Tenants who feel the notification is unfair must submit a justification, which must be supported by facts. This procedure may need several weeks or months. 

If a renter chooses to do this, they run the danger of the landlord winning the case if they don't have enough proof. If the landlord wins, the tenant can be required to vacate the property as quickly as possible.

Court-ordered notice: A tenant will receive a court-ordered eviction notice if they choose to dispute the eviction but are determined to lack adequate justification. A tenant may also receive a court-ordered eviction notice if they have disregarded the landlord and have overstayed their initial eviction notice. This gives the landlord the right to file a lawsuit and ask the courts to evict the renter. 

The eviction process may begin: The renter may be subject to eviction by the eviction officer if they have received all notices and have disregarded them. A renter should begin preparing to move as soon as they receive notice.

How much notice should your landlord give you?

The length of notice is determined by the cause of the eviction. The typical lease termination period is 30 days, but you could need to vacate sooner if there are additional circumstances, such as a crime or concerns for your safety. The landlord must formally evict you; they cannot simply show up and demand that you go. Everything must be written down and signed.

What if there’s no lease agreement?

Even without a lease agreement, you must still make rent payments. This means that if you and your landlord have verbally agreed to pay, you should do so. The verbal lease is now automatically active for a year or for the period you orally agreed upon. However, the lease is regarded as being on a month-to-month basis if there was no verbal agreement.

Can they kick me out for damage to the property?

This heavily depends on who inflicted the damage and how it was done. The landlord will have a legitimate justification to evict you if they can show that you have harmed the property. However, you should also present proof if you think the landlord's carelessness led to the damages, which ultimately resulted in significant harm. You can then challenge the eviction that way.

Getting kicked out can be stressful

The landlord may be permitted to keep a portion of your deposit if after you've left the property they find more damage.

What if there’s no valid reason my landlord is kicking me out?

Legally, your landlord is not permitted to evict you without cause or prior notice. You should contact the police and retain counsel if this occurs. You can also file a lawsuit against the landlord if they decide to alter the locks on the property. They should always provide a justification for the eviction.

So, what do you do when your landlord kicks you out?

Don't panic. Spend some time understanding the eviction's justification. If you require legal counsel, consult them for guidance. It's not always a smart idea to confront your landlord, especially if things between you two are already tense. If you believe that the eviction is unjustified, gather some proof and abide by the legislation in your state. 

It's important to keep in mind that evictions can occur for a variety of reasons, and despite how difficult it may be, some tenants prefer not to accept responsibility for their wrongdoings. Don't react in that way. Keep your cool, abide by the law, and leave on the day the notice expires or earlier.

Looking for a moving company in NYC?

Capital City Movers is here to make your move stress-free. We take pride in providing the best moving experience for our customers, so you can rest assured that your belongings will be well taken care of. For a free quote, call (718) 619-4881 for a free quote or visit our website for more information.


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