I moved into a house of a friend of mine 33 days ago,paid her cash for first and last month's rent and have my own room and belonging here. Now she's claiming the neighbors are complaing about noise and she's telling me I have to leave.she is a renter of the home,not buying the home.she says her land Lord can evict me in 24 hours w what's called an unconditional quit or quick law without having to file w the court.is this so?
Much depends upon the exact details but likely not. Her landlord should only be evicting you through evicting her. Second, a 24 hr notice is for truly outrageous behavior and noise complaints do not usually count. She is your landlord so she is the one that should be issuing you eviction notices if she is going to. Regardless, neither of them can evict you without going through the court eviction process - filing suit, serving you with the court papers, going to court, etc. IF you get those, consider reviewing them all with a landlord-tenant attorney to see if they are enforceable. Your roommate/landlord does not sound as if she knows what she is doing an thus is likely to screw up any eviction attempt if she tries it. Just so I am clear - you can be served a 24 hr notice (which may or may not be enforceable) but if you ignore it, then the landlord has to go to court to force you to get out. To the extent noise complaints are valid, it is more likely that you would be served a 30 day for cause termination notice. It would give you 14 days to "cure" your bad behavior or 30 days to get out. If you do neither, then they have to go to court to evict you. IF there are no repeat violations after the 14 days, things go on like they have all along except that if there is a repeat violation in the next 6 months, and they can prove it, then they can give you a notice to get out, period, and ask the court to evict you then if you do not.
Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship.
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