How much notice is my landlord required to give me when asking me to move out for another tenant?

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How much notice is my landlord required to give me when asking me to move out for another tenant?

I live in a house with a roommate who signed a lease through May. I never signed a lease but paid a deposit. My roommate bought a house and asked the landlord if he/we could get out of the lease early, after April (without consulting me; telling me after the fact). The landlord never contacted me about it until he showed up one day, in April to show the house. I told him that I would prefer to stay the full duration of the lease. He said he would let me know how it goes. My roommate just told me that I have to be out at the end of this month, in 15 days. No word from landlord. Does roommate’s notice qualify?

Asked on April 16, 2011 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You state that you never signed a lease. That means that you are a month to month tenant. If you are a month to month tenant of the landlord--that is, you pay the landlord the rent and rent from her or him--then you are owed 30 days notice to terminate your tenancy. That's what a month-to-month tenancy is, after all: it's a tenancy that either party (landlord or tenant) can terminate on one month's notice.

If you actually are a subtenant of your roomate (that is, your rent from him or her; you pay the roommate the rent) then you have to leave when your roommate does; the roommate can no longer give you possession when he or she does not have it.


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