If my boyfriend and I are getting thrown out of the apartment that we’ve been sharing with a friend for almost 2 years, do we need to be served with an eviction notice?

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If my boyfriend and I are getting thrown out of the apartment that we’ve been sharing with a friend for almost 2 years, do we need to be served with an eviction notice?

We have always been on time with bills and rent. All bills are in our name and there was a verbal agreement to live there. Currently the roommates mother is the only one on the lease and is attempting to tell us to leave. Does she need to serve us with a physical eviction notice. She has given us to the end of the month to vacate. We have a child and no money currently saved to move. If she would have to serve us with an eviction notice that would buy us some time to find somewhere to live and time for me to get 2 paychecks, which would be the money needed to move.

Asked on June 22, 2015 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Are you paying rent for the unit? If you are--either to your roommate's mother as a subtenant of hers, or paying a part or share of the rent for her directly to the landlord--then you are a tenant. If so, then yes, you have to receive a written eviction notice. However, if there is no written lease, you are month to month tenant and she only needs to give you 30 days notice. If you don't leave by the time specified in the notice, she can then file an eviction action in court, which will result in you being evicted around 2 - 3 weeks later.

If you don't pay rent, you are guests, and guests may be asked to leave at any time, for any reason, and if you don't leave when she says you must, she may immediately bring an action to remove you.


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