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In a month to month tenancy can the landlord give you 3 days to move out then change the locks?

my friend had a lease for a year and after the year was up they went to a month to month tenancy. The landlord gave her notice that they had to be out in 3 days. The paper she served her with was not signed by a judge or a deputy. And in the spot where it says "deputy sign" the landlord signed it there. My friend went to the house to get the rest of her things and the locks were changed and when she looked in the garage from the outside of the house their kocart was missing. when she spoke to the landlord the landlord told her " maybe the gas man took it when he came out to turn the gas off"

what can my friend do?

5 Answers

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  • 1 decade ago
    Favorite Answer

    The friend can only be told to move if they are a dead beat and did not pay rent.

    Once they vacate the landlord can in fact change the locks, the dead beat can not come and go.

    Missing items are to be reported to the police, who will not do anything other then make a report.

  • 1 decade ago

    Normally you are given a 3 day notice to quit or pay up. This is not an eviction notice, this is a notice to tell you to do what you are suppose to do or the landlord will take the action to the next level and that is an eviction notice.

    Normally on a month to month tenancy both the landlord and the tenant would be required to give each a 30 day notice before moving or being asked to move.

    Eviction notices are normally signed by a judge or court commissioner. Then served on the tenant, by a law enforcement agency.

    Check your state laws as each might have a minor difference.

    If what your girlfriend is telling you is on the up and up she might have to file a small claim against the landlord for any personal items she left in the rental unit. The landlord might not change the locks until the 30 day period is up.

    Most landlords are smart enough to know the laws governing evictions and how to stay legally evict a person.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  • Anonymous
    4 years ago

    First, there should be a extensive chew lacking out of your tale right here. the two that, or your landlord desires to up her psychiatric meds. customary human beings do not pass nutty while their tenants provide a 30 day observe on a month to month tenancy. And, they actually do not say issues approximately having greater babies. Very strange behaviour. Now, did you pay hire in June? additionally, the owner right it relatively is obviously interior the incorrect if all she did replaced into provide a three day observe to pass. it relatively is unlawful. If she had to furnish you notice to pass, she might in effortless terms provide a three day observe in case you have not paid hire. otherwise, she mandatory to furnish you a 30 day observe. She can't substitute locks, scouse borrow products, report trespassing claims or turn off utilities. What you will would desire to do is report a small claims court docket action against her and pass have a decide hear to this tale of woe. the owner (if each little thing is as you state) gets a dressing down whether that's a stable decide and could be remanded to pass study up on landlord/tenant regulations. the owner will additionally would desire to pay for the products stolen (attempt to have receipts or some form of knowledge) and would would desire to pay punitive damages for locking you out.

  • Anonymous
    1 decade ago

    Report the missing items to the police department or sheriffs office and tell them who was on the property (the landlord). They will at least interview her.

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  • 1 decade ago

    They must give 30 days notice.

    There is something your friend is not telling you.

    Was she continually late with rent?

    Was she playing loud music and had complaints?

    Was she late with her payment at the time of the eviction??

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