How much notice must be given to an occupant of an apartment to move out?
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How much notice must be given to an occupant of an apartment to move out?
My sister leased an apartment under her name for me. Then, 2 months later the apartment manager realized that I was living there and not my sister. The manger told my sister that I had 3 days to leave. Am I entitled to a 30 day notice even though my name was not on the lease?
Asked on April 27, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country, if a landlord desires to try and end a tenant's lease thirty (30) days written notice is required. The 3 day notice to pay or quit is typically used when a tenant is behind in rent and the landlord wants to give the tenant an opportunity to cure the default.
You are entitled to a thirty (30) day notice notice to terminate on the lease even though you are not named on the lease. I suggest that you carefully read the lease to see if you are entitled to stay as a sub-tenant of your sister. Perhaps consulting with a landlord tenant attorney might be of assistance for you.
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