If I have employee lease, how long after I resign do I have to be out?

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If I have employee lease, how long after I resign do I have to be out?

The lease says 7 days but I cannot be out within that time. Would they have to go through the eviction process or not? I’m in the process of packing and moving. What are my rights pertaining to this?

Asked on June 28, 2015 under Real Estate Law, Kansas

Answers:

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

Answered 5 years ago | Contributor

You techincally need to be out in 7 days, since that is what your lease provides. However, if you do not vacate within that time, your landlord can't simply throw you and your things out. Whether or not you are a former employee you are still a tenant. Therefore, your landlord will need to treat you as a "holdover tenant". Accordingly, they will need to go through the eviction process to legally remove you from the premises. From the time that the eviction action is filed to the time that a sheriff would come to physically remove you, would be a minimum of 3 weeks and probably 5 or more (it varies from jurisdiction-to-jurisdiction).

Note: You may or may not be held liable for any costs that your landlord incurrs as a result of instituting the eviction process.

To be sure of your rights under specific state law, you may want to consult directly with an attrorney who specializes in these cases.


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