Half Way Motel

upon an eviction notice how long do i have to get out this is a 1yr lease and i live here in the business it?

it is a motel business and i reside in the living quarters. she accepted half the rent and it is now one day late and she wrote me a letter of eviction. she also has the lease drawn up incorrectly i live in texas

Public Comments

  1. 30-60 days depending on her. She needs to file something in court first. Good LUCK!
  2. The eviction process can take a few weeks. Normally she will give you a "3 day notice to pay the rent or quit". If you PAY within the notice period there is nothing she can do if you have a lease...she can't evict you. After the notice period if you have not paid then she will need to file with the court to have you evicted and have you served to appear in court..that may take say a week. Then on the court date you will appear in court and then have to explain to the judge why she should not evict you. if the judge finds in her favor then you will normally be given 7 to 10 days to get out...so you probably have a total of about 2 weeks.. I hope that helps..
  3. you would have to check the laws in your state in NC after the notice you have 30 days to vacate the premise and if not gone in that time frame you go to small claims court then depending on the judge and the circumstances of the eviction you could have another 30 days as for the lease and the half rent that is something you should definatly bring up in front of a judge find you local legal aid (should be in the phone book they are free) and you should talk to them about it and get some advice from the laywer
  4. If your are a tenant your landlord cannot personally lock you out. The landlord must first serve an eviction notice, 3-5 days notice for most states. If you do not respond to the eviction notice (pay the rent owed) only the constable can then lock you out. Of course, you have a right to a hearing if you dispute the notice. As for your Lease Agreement, contact an attorney who specializes in Landlord/Tenant law to review both landlord/tenant rights and compliance with state law.
  5. She Has to Have you served By the sheriff department before she can evict you.Then you go to court and tell the judge your situation and sometimes the judge will give as long as you need to find other living arrangements. The lease being drawn up wrong the judge may let you stay through the entire lease free. Do not let this lady treat you that way.What state do you live in?
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