30 vs 60 day notice- housemate not on lease

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Coachshera

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>I have been the leaseholder on a property for 4 years. The current
>contract I have with the owner is month-to-month( although by state law he
>would be required to give me 60-day notice to leave. Does this also apply >to
>a housemate not on the lease?

On Aug. 22, I gave notice to a housemate vacate on Oct. 1. He has been living here since FEb. 1, 2007. Our original agreement was for 3 months with option to extend month to month thereafter. We never revisited this contract, and he is still here.

He claims the 60-day notice (due to more than one-year of tenancy) also applies to him.
Is that true?

I was willing to extend the notice to Nov. 1, but only if he signed
>an agreement to do so, (in the form of a new 2 month agreement) and paid rent for Oct. 1. (He is trying to use
>security deposit- which is not even equilvalent to one month\'s rent for
>October. He was late on Sept. rent. I gave him a 3-day pay or quit and
>then received rent for Sept.
>One caveat- there is no statement in my original contract with him about
giving
>notice. The agreement simply says that this arrangement is month to month
>after the first 3 months. We never revisited the contract after the first
>3
>months. He is abusive, and I cannot trust him. The owner says that there is not much he can do (doesn't want to get involved apparently- just wants his rent)

Thank you
>
>
 
What state is this?

- Carl
 
If your state law says 60 days and your ok with it then do it
are you saying to go with the 60-day notice (I don't know if I can last that long). My question is does the 60-day apply to this kind of situation (housemate not on lease).

My fear is that he will prolong this and try and take over the house. I cannot bear more time with him
 
You are not the property owner and the chances are the lease (the sublease agreement) you signed with the roommate is not legally binding so far as it deals with compelling him to leave. Do you have an agreement with the property owner/manager to allow you to sublet the property to others? Is this permissible in your lease with the owner/manager?

Your landlord may well have to evict BOTH of you to get the guest out. He or she can then allow you to return if they wish. You can move forward with the bluff if you wish, and might even be able to take him to small claims court for any violation of the contract. But, you will not likely be able to force him to leave through the courts even if he is in violation of your contract.

- Carl
 
Thanks Carl,

Very helpful!

Yes, I am allowed to have "sublettors" as long as the owner knows about them, which he does.
 
30 vs 60 day notice

I gave my housemate/tenant a 30-day notice on Aug. 22. California law says because he has been here for more than a year, that a 60-day notice is required.

Is the date of the 60-day notice effective Aug. 22 or on the date of issue?

Thanks!
 
what would not make this contract legally binding in court. We both signed and dated it.
Assuming you have the legal right to create a sublease and have abided by the terms, then it should be legally binding.

The link Jacksgal provided has answers to most any question you might have on the subject.

- Carl
 
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