LogFAQs > #936386041

Zangulus posted...

This isnt true. Simply because they wouldnt have one right now doesnt mean it wont happen in a few months...

Sadly it is true, I worked in Landlord Tenant law for years.

The process goes like this.

First the landlord has to give an official 30 day notice (it varies state by state, sometimes it's a 20 day notice, but needs to be given by the 10th of the month etc).

This notice informs the tenant that they must move out by the end of the month.

IF the tenant moves out by that time, no eviction is given, and everything moves forward as normal. If the tenant didn't pay rent (which is the cause of the notice) then the tenant probably won't want to use that landlord as a reference in the future, but nothing shows up on their record.

IF the tenant refuses to leave, they can get an eviction notice after the 20-30 day period is over, and the landlord can even try and have them evicted in 3 days (if they have not paid rent etc. Thing is the Tenant has the right to be heard in court and argue why he didn't pay etc (IE there were repairs that needed to be made and the tenant refused to pay rent again till they were made etc). Even if there is an at will contract saying the landlord can evict the tenant after 30 days, the tenant still gets the right to be heard ii court.

Now that is where things can get tricky as some courts are VERY busy and sometimes you have to actually wait weeks or months to be seen. In general up until you actually go to court, the tenant can leave on his or her own violation and there STILL won't be an eviction.

This again varies state to state, but in some tenants can literally stay rent free for 3-4 months before leaving, without getting an eviction on their record.

In this case, you could stay for however long the freeze is for, then the current landlord would have to give you a 20-30 day notice and you would have 1 more month before the eviction process could even start.

So lets say the freeze lasts through may, a landlord would only be able to give a 30 day notice at the start of June, and the tenant wouldn't have to leave until the start of July right now (and could still stay longer possibly without a eviction especially since the courts are likely to be REALLY busy at that point).

So yeah, it can REALLY hurt landlords with mortgages right now.

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