What is my recourse whenI was given less than 30 days notice to vacate?

UPDATED: Oct 20, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 20, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is my recourse whenI was given less than 30 days notice to vacate?

I had $790 of truck rental and hotel bills after being given 20 days notice that my roommate was breaking her lease with the landlord. The lease was in her name. I was moved into my new place by the 8th of the following month, within 30 days of being given notice to be out within 20 days. Am i entitled to reimbursement?

Asked on October 20, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the lease was in your roommate's name, not yours, *and* also it was the roomate, not the landlord, who broke the lease, then you have no cause of action against the landlord.

As to whether you have a cause of action against your roommate--it depends on the situation. If you were paying her rent, you were a subtenant. If you were a subtenant with a lease, you could potentially sue her costs relating to losing possession of your sublease premises for the entire balance of the term--i.e. if you have to rent a place that's more expensive now, and you had 8 months left on your sublease, you could potentially sue for the difference in rent for all 8 months, plus the cost off moving.

If you had no written lease but paid rent, you were a month to month subtenant. You were owed at least one month's notice that your tenancy was ending. In that case, if you received less than one month's notice, you may be able to sue to recover the moving costs and possible the rental difference for one month (30 days).

If you did not pay rent, you were a guest and would have no recourse if the tenant chose to break her lease.

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 lock Secured with SHA-256 Encryption