How does a landlord evict a tenant on a month to month lease?


Attorney Tom Olsen: Welcome back everybody. My name is Tom Olsen and the name of the show is Olsen on Law, every Saturday, 11, right here on News 96.5. Now let’s go back to Nicole in St. Cloud, and Nicole is a tenant. She is on a month to month oral lease and Nicole was asking me what it will take for the landlord to evict her.

And Nicole, what I told you was that on a month to month lease, either the landlord or the tenant can cancel that lease by giving a 15-day notice to the other. It is not served by the sheriff. It simply put into your hands by the landlord or taped to your front door.

During those 15 days, you can go out; everybody goes their own happy way. At the end of 15 days, if you were still there and the landlord wants to, they could begin an eviction proceeding. There, you will be served by the sheriff if they have to go through this eviction proceeding. That could be as short as two weeks.

At the end of that eviction proceeding, the court will order that you move out and will give a writ of possession. The sheriff will actually stand by while the landlord put your stuff out on the curb.

Now Nicole, does that answer the question for you?

Nicole: Yes, it does, to the point with that I've never receive the 15 days from the landlord. I just received an eviction notice, handed to me by the sheriff yesterday.

Attorney Tom Olsen: If the landlord pursues this court and case based on what you're telling me, Nicole, the judge is going to kick him out of court and that landlord will have wasted his time and money.

Nicole, from what I'm understanding, you do need to put up a defense to this but you're going to win this case. Now Nicole, with that said, this is very serious and I want you to take it serious and Rob Solomon is the attorney at Olsen Law Group that does landlord tenant work. Rob, well he's not there in my office today but he will be there next week. Rob, like all the lawyers at Olsen Law Group, he’s always happy to give you a few minutes of free legal advice right over the telephone Monday.

Nicole, I recommend that you call Attorney Rob Solomon at Olsen Law Group on Monday at 407-423-5561.