Can the landlord ask us to leave our apartment if we've lived there for 6 years? 10 Answers as of January 23, 2014

I have been living in a one bedroom apartment for the past 6 years. When we moved in, we are family of 2 adults and 1 kid who is 4 years old. Now I have a 2nd child, she is 3 years old now and my landlord wants us to vacate the apartment. So, do I need to vacate the apartment now or is it fine to live in there since I have been living there before the 2nd child? Also, can a landlord ask a tenant to vacate in the middle of the kids school year?

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Patrick W. Currin, Attorney at Law | Patrick Currin
The fact that you have additional children or are in the middle of a school year are not relevant. Since you lease has gone on more than one year, the landlord needs to give you 60 days notice to vacate on your month to month tenancy. If you live in Oakland, or certain other jurisdictions with "no-fault" eviction laws there may be certain protections for you as a long term tenant.
Answer Applies to: California
Replied: 1/23/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
If you have no lease all the landlord has to do is give you 30 days notice and commence an eviction.
Answer Applies to: New York
Replied: 1/20/2014
Law Office of James A. Anton | James Anton
If your lease expired or you are a month to month tenant the landlord can give you notice to terminate your tenancy just like you can do the same.
Answer Applies to: California
Replied: 1/22/2014
Law Offices of George H. Shers | George H. Shers
I need more information. If you are under rent control laws then usually a landlord can only evict for non-payment of rent and a few other extreme reasons. If there is no rent control, unless their is a state law to the contrary, the landlord can give proper notice to cancel the lease. The time you have lived there is only perhaps relevant to how much notice must be given for non-renewal of the lease [expands it from 30 to 60 days if in California]. The major drawback of being a rented instead of an owner is that the landlord, assuming no rent control laws, can evict you when they want to.
Answer Applies to: California
Replied: 1/22/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Your children and the school year has nothing to do with ownership of the property. The landlord has to abide by the lease and so do you. If there is no lease, then it is a month to month tenancy and the landlord only has to give you 30 days notice to vacate. If there is a lease and you have not been paying rent, then he can evict you with a 3-day notice to quit.
Answer Applies to: Idaho
Replied: 1/20/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If you have a written lease, then the terms and conditions stated therein apply. If you have no written lease, then the same would be considered a month to month tenancy and the owner can terminate your tenancy by giving you the statutory notice (which would normally be 30 days). If you were leasing with an option to purchase the residence, then the terms of that option have to be applied. If the owner has the right to terminate the lease, it doesn't matter that your children are in the middle of a school year (that is unless your jurisdiction has a law that provides otherwise).
    Answer Applies to: Washington
    Replied: 1/20/2014
    Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
    Unless there is an unexpired lease, either the landlord or the tenant can terminate a month-to-month rental agreement upon 30 or 60 days notice. Since you have lived there over a year, you're entitled to 60 days notice. Special rules apply where rent controls are in effect.
    Answer Applies to: California
    Replied: 1/20/2014
    In Landlord/Tenant law we almost always look to the language of the lease first. Did you sign a lease? Did you sign any renewals? What, if anything did the lease say about the number of people living in the apartment? Based upon your question, I'm assuming that you do not have a current lease in effect and that you are probably only entitled to some statutory notice (30 or 60 days, depending on several circumstances) The fact that your kids are in school would likely have no bearing on any determination.
    Answer Applies to: Georgia
    Replied: 1/20/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on your lease. Assuming the lease has expired and you are month to month the landlord has a right to terminate. And the time of the year is not germane.
    Answer Applies to: Michigan
    Replied: 1/20/2014
    Harper Law Offices, Inc. P.S.
    Harper Law Offices, Inc. P.S. | Joseph T. G. Harper
    A landlord need only provide you with a 20-day notice to vacate. No specific reason is required. If you are on a lease, however, then you are entitled to finish out the term of the lease unless you have violated any of those terms. Otherwise, a simple 20-day notice is sufficient. The notice must be provided to you in writing at least 20-days before the end of a rental period. For example, if you received a notice by the 10th of January, that would be acceptable. If you received on on the 12th, however, that would not be effective.
    Answer Applies to: Washington
    Replied: 1/20/2014
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