What are my rights as an unsigned tenant being evicted by the leaseholder?

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What are my rights as an unsigned tenant being evicted by the leaseholder?

I am currently living in a house whose lease is in someone else’s name. I am unsigned on the lease and have been asked to vacate the house in less than a month. The leaseholder and I held an agreement that the electric and cable be put in my name and paid instead of my signing the lease and paying rent. At no time did we agree on any moving out/ eviction strategy as it was assumed it would not come up. I would like to have about 40 days to get everything together and moved out, but he wants me out within three weeks. I’m not sure if he legally can send me packing in that time.

Asked on June 20, 2012 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If someone else is on the lease and you are leasing from him, then you are a subtenant of his on an oral (not written) sublease. An oral lease or sublease creates a month-to-month tenancy, which means the tenancy can terminated by either party on 30 days notice--not 3 weeks (21 days) and not 40 days. Settling with him on 30 days to move out would likely be best for both of you, since it comports with legal requirements and avoids litigation.


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