A question by kelly : So I ve been living here for about 1 year. I ve been good, I’m the only one who cleans and I pay my bills. I clean up after her and her dogs even. So, she told me about a month ago that I have 6 months to move out because she’s selling her house. I said OK. So, she just got a boyfriend and he has 3 daughters & a mom that wants to move out here to the house. I live in a 3-bedroom house, she just now told me she needs my room for them & now I have 30 days to move out. Is this even legal? How can I go about this ??
Answers
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Well, that depends on the circumstances. Do you occupy a dorm room? Do you have a lease for your apartment? Have you ratified the lease? Simply relocate at the end of the quarter or semester if you live in a dorm. Nobody should have to share a home with someone who doesn’t want to.
Vaor
“State laws vary; in some states a 60-day notice is the law. But the 30-day notice in any case is effective only on the 1st of the month- if it is given on the 2nd, it becomes effective only the following 1st.
You are in what is called an “owner-occupied” rental; they can give you notice, as the normal laws apply- but if you are in a bind because of this, you can refuse the notice and they must show in court that their needs are more important than yours: they can’t just kick you out with no place to go, because a friend or boyfriend wants the room. (The impending sale of the house might be a ruse). But if it is family who wants the room, a court will rule in their favor unless there are extenuating circumstances such as debilitating illness, hardship, etc.
PS: As another answer mentioned, even if you could legally remain, it would not be a very comfortable arrangement. It’s best to get out.
Tenants can remain in a property for sale as long as they allow prospective buyers to view their room(s) and do not interfere with the efforts to sell (no Brady Bunch hauntings). I had a landlord who had the building up for sale the entire time of my tenancy (5 years); 6 years later it’s still for sale with no buyers (ridiculous asking price, poor maintenance).”
“You did not mention a lease agreement, therefore it is probably that you are currently on a month-to-month tenancy. Being that you are on a month-to-month tenancy, your landlord is able to give you a notice to move. Normally in most states this would be a 30 day notice,
Yes, this is legal. If you fail to move based on this notice, your landlord would apply through the court system to have you legally evicted. Once the judge signs a legal eviction against you this would become a civil conviction on your background and credit check, for 7-10 years.
I hope this has been of some benefit to you, good luck.”
loanmasterone
“There is a legal process to evict someone. Your roommate has definitely not followed this process. There is a legal process to resist eviction. You have not even started that process.
It doesn’t matter. As long as you can leave, you should leave. You should be out of this situation not fighting while it gets worse. You can always go be the roommate of someone else who is less of a hassle.”
Doug
“If there is no lease she can kick you out with a minimum notice- maybe 30 days. She doesn’t need to show any reason at all in most states.”
Glenn
“As long as she has given you the correct notice to leave and she has then you need to find somewhere else to live…………………… suggest you find a landlord and sign a contract where you shall have a little more security for the term of your contract”
“She gave you a 30 days’ notice. In some states they must give you a 60-day notice if you have been there over a year.”
“It’s her house. You were and are a guest Leave in 30 days or be taken out by the Sheriff”
“She only needs to give you 30-days notice, so it is legal. If you have a lease that has not ended yet, you could fight her in court for ending it early, but then you would be still living with her and that would be awkward. I suggest you try to get out as soon as possible.”
“Yrs, it’s legal because you are not on a fixed term lease. She has to give you written notice to vacate, though.”
RP
“Yes – she’s not kicking you out, she’s terminating your lease. She’s given the required notice; you need to leave by the date given.”
Sunshine