What is my recourse whenI was given less than 30 days notice to vacate?
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What is my recourse whenI was given less than 30 days notice to vacate?
I had $790 of truck rental and hotel bills after being given 20 days notice that my roommate was breaking her lease with the landlord. The lease was in her name. I was moved into my new place by the 8th of the following month, within 30 days of being given notice to be out within 20 days. Am i entitled to reimbursement?
Asked on October 20, 2011 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the lease was in your roommate's name, not yours, *and* also it was the roomate, not the landlord, who broke the lease, then you have no cause of action against the landlord.
As to whether you have a cause of action against your roommate--it depends on the situation. If you were paying her rent, you were a subtenant. If you were a subtenant with a lease, you could potentially sue her costs relating to losing possession of your sublease premises for the entire balance of the term--i.e. if you have to rent a place that's more expensive now, and you had 8 months left on your sublease, you could potentially sue for the difference in rent for all 8 months, plus the cost off moving.
If you had no written lease but paid rent, you were a month to month subtenant. You were owed at least one month's notice that your tenancy was ending. In that case, if you received less than one month's notice, you may be able to sue to recover the moving costs and possible the rental difference for one month (30 days).
If you did not pay rent, you were a guest and would have no recourse if the tenant chose to break her lease.
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