(Closed) Landlord officially gave us 16 days notice today…

posted 6 years ago in Home
Post # 3
1830 posts
Buzzing bee
  • Wedding: November 2014

Unfortunately, unless you have something in writing (contract), then I don’t think you have much say.

Post # 4
5405 posts
Bee Keeper

So you don’t have a lease?! I don’t think you really have a leg to stand on without a written lease. 

Post # 6
2697 posts
Sugar bee
  • Wedding: June 2012

It depends on the laws in your state. I *think* that you have an oral contract. If you’ve been paying her month to month for 2+ months, then she has to give you the normal amount of time? (30 days)

I could be way off, but I remember reading something like that….my tenant knowledge is a little rusty.

Post # 8
115 posts
Blushing bee
  • Wedding: September 2014

@littlegreenleaf:  :/  where I live tenants have more rights than the landlord, and would have to be given a 30 day notice. I’m sorry about your situation. 

Post # 7
14498 posts
Honey Beekeeper
  • Wedding: June 2011

a sixteen day notice?  Umm, that just doesn’t sound right, and it def isn’t legal in a text.  She has to send things like that in writing (on paper).  I worked in the apartment industry as a large complex manager, and we had to give 30 day notices to quit an apartment.  With no lease you are considered a month to month leaser.  You should check out the laws on that before you do anything.

Post # 9
9142 posts
Buzzing Beekeeper
  • Wedding: November 2013 - St. Augustine Beach, FL

Usually there is a clause in the original contract that makes your extension a verbal month to month which may extend you to 30 days but it’s probably not worth worrying about since you could be spending the time arguing for that finding another place to live.  Check out craigslist and padmapper for places but make sure that if you use an individual rather than an apartment that you check with the tax collector to make sure they actually own the house before signing a lease.  You should also be able to run a public records check to see if they’re in foreclosure as well.

Post # 11
1819 posts
Buzzing bee
  • Wedding: August 2014

Honestly it sounds like your landlord gave you 30 days notice since she told you 2 weeks ago to look for a new apartment. I Think you mistook that for her asking you to start looking rather than her telling you needed to get out. 

Post # 10
542 posts
Busy bee
  • Wedding: August 2013

Check your state laws. Many states contemplate a rental situation without a written lease as a presumed month-to-month lease, typically requiring 30 days notice. Some other states will look at regular monthly payments as evidence of a ll/tenant relationship despite the lack of a written lease, and invoke the state notice law.

While certain oral contracts are unenforceable, many statutes and ordninaces are designed to overcome this presumption in a ll/tenant situation.

Individual posters won’t be able to help you without knowing your specific situation and state laws/local ordinances in these situations.

Good luck… and get a written lease in the future!!

I will also mention to check eviction proceedings in your state– many are renter friendly… you could stay for up to a year in some places (NYC).

*This is not intended as legal advice and an attorney/client relationship has not been established.* ( 🙂 Disclaimer )

Post # 15
46219 posts
Honey Beekeeper
  • Wedding: November 1999

I would just Google ” Landlord Tenant Laws North Carolina” and I am sure you will come up with government publications that will give you the information you need.

Post # 16
5428 posts
Bee Keeper

Text messaging is not a written notice… and 16 days is not legal. Hope you don’t get evicted with police escort… if she is that determined…

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