60 day notice to move with only one tenants name on it

[k8linden]

My mom rented a house two years ago. For the last year, I have paid the rent with a personal check. I deposit the funds into the landlord/owners account every month. The landlord/owner wants to sell the house that my mom and I are in and he issued my mom a 60 day notice to move. My name is not mentioned anywhere on the notice. I purchased a new house, but escrow is not due to close on time. I have too many animals to move from location to location to location.

Does the landlord/owner need to properly serve me as well since I have legally paid the rent in my name? Or do I need to vacate with my mom. Also, just hypothetically speaking, if I do NOT vacate, is my mom still entitled to HER deposit back?

Thanks!

 

[mightymoose]

If you are not named in the eviction then the owner will have to evict you separately.
How much extra time do you need? You might have some success negotiating more time with the owner. It will be easier for you and the owner wont be troubled with two evictions.
Mom does not have to be out until a judge orders her out, and that could go many more weeks. The landlord's 60 day notice is essentially a request for mom to be out at that time. If mom does not leave then the landlord can begin the eviction process. Staying longer has risks, so best to make nice with the owner and buy some time.

 

[Gail_in_Georgia]

You need to understand the difference between a notice to terminate a lease and an eviction.

If, by chance, your mother has a "tenancy at will"; i.e., is on a month to month lease, such leases can be terminated rather easily by either party with the appropriate written notice. Most states only require a 30 day written notice although some (and Georgia where I reside is one) requires that the landlord provide a 60 day notice. No reason for this termination need be provided.

This is NOT an eviction. This is simply a notice to terminate a lease.

If you mother was, initially, the only one whose name is on the lease, she will be the only one notified. Doesn't matter if you pay the rent; legally, she is the tenant.

If you folks fail to move after this time period, then the landlord may file for an actual eviction through the court system. It is not unusual that filings will include everyone who resides in the rental unit. If the eviction is granted by the court and the tenants still do not leave, all tenants AND their property will be removed from the property with the process of doing so overseen by local law enforcement.

In this case, court costs for filing for the eviction can be taken out of your mothers security deposit.

Gail