It depends on the reason the landlord is asking you to leave. You will want to look at your lease.

Generally, if the landlord says you breached your lease, for example, by not paying your rent for multiple months, then the landlord likely does not have to give you notice before filing a case in court. On the other hand, if your lease is ending, and the landlord wants you to leave, it is likely that the landlord is required to give you notice.  Read the next question for more information about leases that are ending.

If you live in public housing or housing where you get help to pay for your rent and you are being evicted, you will get a letter explaining why you are being evicted. You can also ask to talk to the Housing Authority about the eviction through an informal hearing before a court case might be filed.  Learn more in our article on Eviction from Public Housing. Or watch this video.

Though there are some exceptions, when a lease ends, a landlord (or tenant) can give notice and end the relationship. Your lease may spell out how much notice is required. That amount of notice may be as little as one month (in month-to-month leases, it will rarely be more than a month). The notice to vacate at the end of a lease term should always be in writing.

It is important to note that a landlord can give notice at the end of a lease and remove tenants who have paid on time and followed all the rules.

No. A landlord cannot forcibly evict a tenant without a court order. A landlord can’t lock out a tenant, disrupt utilities or refuse to make repairs to force out a tenant without going through court.

No. Without a court order, law enforcement should not remove you at the landlord’s request.

Yes. Unless you leave voluntarily, you have a due process right to have your case heard by a court before your landlord can evict you from your rental. This right exists whether you have violated the terms of your lease or not.

No. These protections are in place even without a ‘formal’ landlord-tenant relationship. They extend to people who have lived in a place for an extended period (even if there was no commitment to pay rent or any other agreement). Usually, such arrangements can be terminated quickly, but not before the person in control of the property seeks a court-ordered eviction.

Suppose you’re significantly behind on your rent (or have committed major violations of your rental agreements), and you have somewhere else to go. In that case, there may be some advantage to leaving the property voluntarily and without a court order or a money judgment against you. While this doesn’t guarantee a landlord won’t sue you for back rent, many landlords only want to recover their property and won’t go to the trouble or expense to sue.

That depends. Are you behind on rent or have you broken one of the important rules in your lease? Has your lease already ended? Each case is different. Just because you have the right to have your case heard by the Magistrate Court, does not mean you have a right to remain in the property after that hearing.

Read the Court Eviction Process article for more information about evictions filed in court. Or watch this video.