Must all tenants give a notice to vacate a rental?

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Must all tenants give a notice to vacate a rental?

I live in a townhouse with my children’s father. There is no lease just a 60 day notice. Well, do to some differences we have decided to split but he refuses to go with me to put the 60 day notice in. To be allowed to live in these townhouses you have to make a minimum of $1,300/ month which I am the only one who does. Can I put in the notice without him seeing that I am the only one working and paying bills and there is technically no “lease”?

Asked on June 17, 2015 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Typically, when there are multiple tenants in one unit, only one needs to provide notice of this type, and that notice will be considered notice for the whole unit. You cannot be "held hostage" and forced to remain there if you do not wish to--you may provide notice that you are moving out. A fellow tenant cannot force you to renew your tenancy or not give notice when you are allowed to. If the landlord wishes, it could allow your children's father to stay there, assuming he wants to, qualifies, and can afford it, but that is between him and them. Just make sure that when you provide notice, you 1) send to the landlord in more than one way, including ways you can prove delivery (e.g. by hand delivery, regular mail, and certified mail with return receipt); and 2) give a copy to your children's father, to put him on notice, too, so he can't claim his surprised--the notice should indicate on the bottom that it is being cc'd to him.


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