When given a 60-day notice to vacate the premises. Does that mean you have to be out before 60 days are up?
In most, if not all, states, a landlord must file an action in the locality’s Landlord-Tenant court if the tenant is still in the apartment. There are grounds in some cases, depending upon the state’s laws, to terminate a tenancy upon prior notice. But there are also potential defenses a tenant may use. You must determine the following, under your state’s laws, and in some cases, under federal laws and regulations (especially HUD, if applicable):(1) Is the landlord even legally permitted to terminate your tenancy upon 60-day notice? While your lease may include such a provision, you must be familiar with and understand what your state’s laws say about a landlord terminating a tenancy.(2) When does the statutory notice period begin and when does it end?(3) Does the law require any additional notices or procedures prior to a lease being terminated? For instance, is there a specific manner of service required by the state’s laws? (e.g. regular and certified mailing, hand delivery?). In many states, a defective notice is a ground to have the eviction action dismissed.(4) Does federal law apply? In many federally-subsidized apartments, including those where a tenant is residing in private housing but obtains, either directly, as through a voucher (e.g. Section 8 voucher), or by means of a subsidy paid to the owner that applies only to the building, there are specific notice requirements that may be stricter than the state’s own notice requirements.(5) Does the state require an eviction ‘for cause’? Determine whether the law in your state enumerates specific grounds to evict, to the exclusion of any evictions that are not for cause.Even if the landlord followed proper notice procedures and the contours of your state’s law, the landlord will still have to file an action in court if you remain in possession, and may not, in all likelihood, lock you out, change the locks, throw out or remove your belongings, or compel you to move out, by threats or physical actions. The landlord ultimately must file an action in court if you remain in possession. You should apprise yourself of your state’s laws regarding eviction actions and consider consulting with an attorney.
When do you decide to give a tenant 30-day vacate notice vs 60-day vacate notice in NYC?
For a "month-to month" tenancy, all that is required is 30 days' notice to terminate the lease. It does not matter how long the tenant was in occupancy, nor does it matter whether the tenant believes that 30 days is "reasonable," since the law establishes 30 days as a reasonable time for a tenant to vacate after receiving notice.
Can you get an eviction if you already have a 60 day notice to vacate?
If you have given the leasing a written notice that says you will be gone 60 days from the date of the notice, pay the two month’s rent and are out by the date you said you would be, there should be no reason they could evict you.There are a couple of “if’s”:you can’t have any past due money you owe themthe deposit you had to pay moving in does not count toward any rent or late feesif you are three days late with the rent, they will give you a notice that everything has to be paid by day 7. If all of the money due is not paid by day 7, they can file a notice to have you evicted, even if you have given them a notice that you are moving.If you have two negative notices within 6 months, they can also give you an eviction notice.In many states, the leasing office does not have to give you a reason for not renewing your lease. So, if it is at least 32 days before it is time to sign a new lease the office can give you a notice that your lease will not be renewed, and they do not have to give you any reason why, and even if you don’t have any negative reports, they can still evict you.It sucks, but it’s true.
Can a landlord charge you prorated rent if he/she gives you a 60 day notice to vacate because he wants to sell the property and you move out prior to 60 days because another unit was available?
Not to be boring but here is my same answer - again - CHECK YOUR WRITTEN LEASE. The Landlord may do whatever you agreed to when you signed the Lease. In a good Lease, the details for Early Termination by Landlord are spelled out completely so everyone knows what their responsibilities are before signing a binding Legal Document. From Georgia Association of REALTORs Lease:The Landlord, in this Lease model, demonstrates courtesy to Tenant by compensating the Tenant for the disruption when asking the Tenant to leave early. Not all Leases are the same.The details of your Lease may be different if the Landlord expects you to pay for each day your are using the property. Hope it works out for you. LynnPS If you ever sign a Lease or a Purchase document with us, you will be asked to initial EVERY PAGE, not just sign at the end. If you are going to enter into a LEGAL and BINDING AGREEMENT with us, your initials on each page “prove” that you read every page as requested to do before signing.Do all our Tenants or Buyers actually read everything? I don’t know but by initialing each page, the Tenants or Buyers are verifying that they have read each page. L.
What is the difference between a 60-day notice to vacate and an eviction?
A 60 day notice to vacate is a notice from a landlord to a tenant that they have 60 days to leave.A notice to vacate is typically given when a landlord does not wish to renew a lease.A notice to vacate is served some period of time before the lease renewal date, such that it meets the legal requirement for the time required to give notice prior to lease renewal.In California, the time period is generally:30 days, if you have not lived in the place for a year or more60 days, if you have lived in the place a year or moreComplicating facts can be:If you are currently on a month-to-month lease, if you’ve been there a year or more, then 60 days is required, even though you are technically renewing the lease every month by paying your rentIf you are currently on a month-to-month, if you’ve been there less than a year, the landlord is not required to provide more than 30 days noticeDepending on the lease terms, the landlord may be allowed to give you a notice in the middle of the month, without giving you until the end of the next month to vacate (check your lease details)A notice to vacate differs from a notice to quit, in that it is not a lease termination for cause. If the lease is being terminated for cause, then you will be given a notice to quit, instead of a notice to vacate.A notice to quit is usually a “notice to quit or correct” — meaning you are given opportunity to correct the issue, if it can be corrected. Again, depending on the terms of the lease, you may or may not be given an opportunity to correct the problem that is causing the landlord to terminate your lease.Both a notice to vacate and a notice to quit are not an eviction, per se.Both differ from an eviction, in that an eviction is a court order to quit.If you are given a:notice to quit or correct, and do not correct the condition or vacate the premises by the specified datenotice to quit, and do not vacate the premises by the specified datenotice to vacate, and do not vacate the premises by the specified dateThen the next step for the landlord is to seek to evict.In order to evict, the landlord goes to court and files a petition. This is usually fast-tracked in most jurisdictions, since it’s a legal formality, from the point of view of a court.Since this is a court action, you are generally served the notice by a process server, or through other legal means, and then you have an opportunity to show up at the eviction hearing, and argue your case. A typical period for service of papers in an eviction is “five or more days before the actual eviction hearing”.Most tenants who are being evicted know why they are being evicted — failure to act on a notice to vacate, quit, quit or correct (without correction), etc. — and do not show up for the eviction hearing.Almost all eviction judgements are in favor of the landlord, since almost all evictions are either simple lease non-renewals, or are evictions for cause.Assuming the court rules against your continued occupancy, the sheriff shows up, usually with the landlord or the landlords legal agent, to physically remove you from the premises — and arrest you, if you do not go peaceably.The landlord or their agent are there to take possession of the property — mostly meaning:Get your stuff outGet you outReclaim the keysTypically, there will also be a walk-through to determine damages which might impact your ability to get back your security deposit.I can not emphasize this strongly enough: you do not want to let a notice to vacate, quit, or to quit or correct turn into an actual eviction.An eviction will show as a court action, and as a public record, it’s going to be searchable, and show up as part of a landlord background check.This can negatively impact your ability to rent from someone else in the future, since it means that you are (potentially) a problem tenant.No landlord wants a problem tenant.Generally, there is some room for negotiation of the actual date for any of the three types of notices.If you are given a notice to quit or correct, there’s even the possibility of keeping your tenancy active, if you can correct whatever problem(s) you are being asked to correct (it should be noted: even on a notice to quit, there may be some room for this, since many landlords use the same general forms for both “quit” and “quit or correct”).In any case, you should be prepared to leave by the date specified, if the landlord is unwilling or unable to negotiate on the termination date for the lease arrangement, and thus the termination of your tenancy.
Can you get a two-week notice of eviction if you have already received a 60-day notice to vacate?
Each state has local landlord tenant rules that outline the steps that a property owner / landlord is required to take when attempting to evict a tenant from the tenant's residence.The first step is sometimes called a Notice to Quit or a Notice to Vacate. That was something you may have received already and you did not act in response to that notice if it was given to you, I am assuming here that you were given that notice, and your landlord is now moving forward to evict you.