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Old 10-07-2010, 11:50 AM
 
Location: Albuquerque
2,296 posts, read 6,290,076 times
Reputation: 1114

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Due to problems with a disgruntled neighbor-- a Mexican male who I think dislike me personally-- I have been asked to move out of my apartment. The lease was up a year ago & I havr been here on a month to month basis. I think there was a clause in the lease stating that the land lord could make me move etc. My question is, can he really? I should move but don't want to. I think I am a victim in the situation really--- downstairs tenant called & complained about noise I made on a Sunday afternoon due to simply walking across the living room floor. I rarely walk through there. The previous neighbor disturbed me but landlord has switched story that I disturbed him. I probably will move out but was wondering what the sum ***** could do to me.
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Old 10-07-2010, 01:01 PM
 
3,939 posts, read 8,981,294 times
Reputation: 1516
Quote:
Originally Posted by lemon&lime View Post
Due to problems with a disgruntled neighbor-- a Mexican male who I think dislike me personally-- I have been asked to move out of my apartment. The lease was up a year ago & I havr been here on a month to month basis. I think there was a clause in the lease stating that the land lord could make me move etc. My question is, can he really? I should move but don't want to. I think I am a victim in the situation really--- downstairs tenant called & complained about noise I made on a Sunday afternoon due to simply walking across the living room floor. I rarely walk through there. The previous neighbor disturbed me but landlord has switched story that I disturbed him. I probably will move out but was wondering what the sum ***** could do to me.
With proper notice, LL can evict you without a reason.
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Old 10-07-2010, 02:27 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,409,889 times
Reputation: 3422
You should have received some office "notice" that you have so many days to vacate (depends on your state law).
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Old 10-07-2010, 04:28 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,076 posts, read 28,587,128 times
Reputation: 18191
Quote:
Originally Posted by lemon&lime View Post
Due to problems with a disgruntled neighbor-- a Mexican male who I think dislike me personally-- I have been asked to move out of my apartment. The lease was up a year ago & I havr been here on a month to month basis. I think there was a clause in the lease stating that the land lord could make me move etc. My question is, can he really? I should move but don't want to. I think I am a victim in the situation really--- downstairs tenant called & complained about noise I made on a Sunday afternoon due to simply walking across the living room floor. I rarely walk through there. The previous neighbor disturbed me but landlord has switched story that I disturbed him. I probably will move out but was wondering what the sum ***** could do to me.
Even though this is currently month to month, look at the lease for terms of notice time for you or the landlord to end the tenancy.

The notice can not be in the middle of a month, in other words if you were just informed, legally the notice can not begin until November 1st.

http://www.lawhelpnewmexico.org/documents/427911web--eviction.pdf?stateabbrev=/NM/ (broken link)

Quote:
Originally Posted by kayfouroh View Post
With proper notice, LL can evict you without a reason.
This isn't an eviction. With eviction the landlord must have a reason, in New Mexico, a 7day notice giving the tenant the opportunity to cure the problem first. A notice is commonly given in most states.
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Old 10-07-2010, 04:30 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,767,804 times
Reputation: 26728
Most states require a written 30 day notice of quit by either LL or tenant once a lease is over and when the rental automatically becomes a month to month agreement. Google "(your state) landlord tenant law" to verify as a couple of states require a 60 day notice. The bottom line is that your lease has expired, you are a month to month tenant and your LL doesn't have to give a reason for terminating your agreement as long as he gives you written notice in accordance with your state laws.

The OP never mentioned eviction so let's not jump the gun here!
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Old 10-07-2010, 04:47 PM
 
6,034 posts, read 10,692,913 times
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Quote:
Originally Posted by lemon&lime View Post
Due to problems with a disgruntled neighbor-- a Mexican male who I think dislike me personally-- .
What does the neighbor's race have to do with anything?
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Old 10-07-2010, 11:23 PM
 
924 posts, read 2,232,689 times
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Quote:
Originally Posted by Mercury Cougar View Post
What does the neighbor's race have to do with anything?
Mexican is a nationality not race. But nationalities have a lot to do with a neighbor's behavior and cultural norms.
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