i am a tenant without a lease. I have been here for one month. I moved in with friends who agreed to split rent. the landlord at first wanted us to sign a lease of our own paying additional 450 a month. He later said he didnt want to do this and wanted us out now. he said he will evict us by the first. This was said over a phone not to me but to our roommates. I read up and think i would fall under tenant at will since i pay rent just dont have a written lease. This address is listed as my address for my work and my boyfriends work. I have received mail here. I read that the landlord in order to evict us needs to give us a hand delivered written notice. i have not been given any written notice.
my question is can he just evict everyone on the first like the threatened to do? Or does he need to give us the written notice?
1 Answer from Attorneys
Your friends may have violated the lease agreement by having you move into the apartment (there may be a clause regarding subleasing or there may be a clause specifying how many tenants can reside on the property). You are not a tenant at will because you did not make the agreement with the landlord, your friends did. That being said, you are correct in your understanding that to evict you and your friends he must give you a 3 day notice of eviction. That gives you 3 days to move out or he will start court eviction processes. After the 3 days he would file an eviction action in the court and it would be set for hearing about 2-4 weeks later (depends on the court). At that hearing you can present your case but if the judge rules in the landlord's favor (which in most cases they do) then you will have an additional 7-14 days to move out before the sheriff comes in and "forcibly" removes all of you (meaning setting your belongings outside of the apartment).