How much time does a live-in employeehave to leave their quarters once their employment is terminated?

UPDATED: Dec 3, 2010

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How much time does a live-in employeehave to leave their quarters once their employment is terminated?

I’d worked for the building owner for 8 years and lived in the basement of the building. The landlord sold the building without noticing me about it. Now, a new owner wants me to move out in 2 days. What are my rights? How much time do I legally have to move out? Can I get any compensation?

Asked on December 3, 2010 under Real Estate Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Since you don't mention an employment contract or like agreement I will assume that there is none.  In such a case you are not entitled to any additional compensation; just what had been earned as of the date of your termination.  The fact is that in a situation such as this, you are an "at will" employee and your employer can terminate your services at any time and without notice.

As for when you must leave your quarters, that is a different matter.  Without a lease, you will be considered to be a month-to-month tenant.  You were given occupancy of the premises in exchange for paying rent and/or performing services.  Now that your employer is ending your tenancy, you must be served with proper notice to vacate - 30 days.  Until such time you may remain in your quarters.  However, once you are given a legally valid notice, you must leave by the date specified.  If you do not, your landlord can commence an "unlawful detainer" action (i.e. eviction proceeding).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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