Eviction

questions & answers

Question: My apartment manager has given me a hand written notice to vacated the property in 24 hours. I have 2 minor children and no money. Can she make me leave in 24 hours

Answer: A landlord may deliver a written notice to a tenant for "immediate termination" if there is a breach of the lease that is "both material and irreparable and occurs on the premises". Examples of such conduct include: illegal discharge of a weapon, prostitution, criminal street gang activity, assault and various drug related activity. After the landlord delivers the notice she must still proceed to court and file a forcible entry and detainer lawsuit (eviction). The court would hold a hearing within 3 days and if the landlord prevailed a writ of restitution would issue within 12 to 24 hours. The writ is the formal order to leave the premises. It must be served on the tenant by the Constable. If the landlord is seeking to evict you for non payment of rent she must give at least a 5 day written notice. If following 5 days the rent is not paid, she may proceed to court and seek an eviction order. In a non payment case the hearing would be held within 3-6 days