If I’m living in an apartment provided by my former employer, is official notice to vacate required?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I’m living in an apartment provided by my former employer, is official notice to vacate required?

I have been living in an apartment above my office for 2 years. I was laid off 2 days ago and my ex-employer has given me until the end of the month verbally. I have not been required to pay rent, however I have always considered living there as part of my wages as my actual wage is far lower than what I have made in the past. Does my employer still need to give me official written notice to vacate and how long do I have? I live in WA.

Asked on April 18, 2011 under Real Estate Law, Washington

Answers:

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

Answered 10 years ago | Contributor

In such a situation, legally you will be deemed to be a "licensee" in most states.  That is someone who was invited to live on the premises by the owner.  Now that such permission has been revoked you will need to me given legal notice, the same as a tenant would be.  Assuming that there is no formal agreement as to your living in the apartment, you would have the equivalent of a month-to-month tenancy.  Accordingly, under WA law, you need to be given written notice of 30 days.  If you are not out by the time specified, then your former employer would have to file an "unlawful detainer action" (i.e. eviction) to have you legally removed.  At this point you should discuss your rights with a tenant's rights group or attorney that specializes in landlord-tenant matters (possibly Legal Aid).

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

Answered 10 years ago | Contributor

In such a situation, legally you will be deemed to be a "licensee" in most states.  That is someone who was invited to live on the premises by the owner.  Now that such permission has been revoked you will need to me given legal notice, the same as a tenant would be.  Assuming that there is no formal agreement as to your living in the apartment, you would have the equivalent of a month-to-month tenancy.  Accordingly, under WA law, you need to be given written notice of 30 days.  If you are not out by the time specified, then your former employer would have to file an "unlawful detainer action" (i.e. eviction) to have you legally removed.  At this point you should discuss your rights with a tenant's rights group or attorney that specializes in landlord-tenant matters (possibly Legal Aid).


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption