If my roommate gave me 3 days to move out, what can I do?

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If my roommate gave me 3 days to move out, what can I do?

For starters I’m not on the lease, however my roommate did say that I was an authorized guest is what my roommate called me. I have been here for 4 months and I have been paying half the rent. My roommate and I argue because they refuse to clean anything, leaving all of it for someone else to do. Now my roommate has decided that I needed to move out and gave me 3 days or they will call the police.

Asked on October 2, 2016 under Real Estate Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are paying rent, then you are either a tenant--if you are paying the rent to the landlord--or a subtenant of your roommate--if you are paying the rent to your roommmate. In either event, you are not simply a "guest" and you cannot be made to leave on 3 days notice. If you don't have a written lease, you are a month-to-month tenant (or subtenant) and an oral lease, and therefore must be 30 days notice to vacate. Furthermore, if you paying the rent directly to landlord and therefore are a tenant of the landlord, only the landlord may give you notice to move out--one tenant cannot evict the other tenant. However, if you are paying to your roommate and are his or her subtenant, then he or she can give you notice to move out--though as stated, it must be a month's notice, not 30 days.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are paying rent, then you are either a tenant--if you are paying the rent to the landlord--or a subtenant of your roommate--if you are paying the rent to your roommmate. In either event, you are not simply a "guest" and you cannot be made to leave on 3 days notice. If you don't have a written lease, you are a month-to-month tenant (or subtenant) and an oral lease, and therefore must be 30 days notice to vacate. Furthermore, if you paying the rent directly to landlord and therefore are a tenant of the landlord, only the landlord may give you notice to move out--one tenant cannot evict the other tenant. However, if you are paying to your roommate and are his or her subtenant, then he or she can give you notice to move out--though as stated, it must be a month's notice, not 30 days.


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