How much notice must be given to an occupant of an apartment to move out?

Get Legal Help Today

 Secured with SHA-256 Encryption

How much notice must be given to an occupant of an apartment to move out?

My sister leased an apartment under her name for me. Then, 2 months later the apartment manager realized that I was living there and not my sister. The manger told my sister that I had 3 days to leave. Am I entitled to a 30 day notice even though my name was not on the lease?

Asked on April 27, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, if a landlord desires to try and end a tenant's lease thirty (30) days written notice is required. The 3 day notice to pay or quit is typically used when a tenant is behind in rent and the landlord wants to give the tenant an opportunity to cure the default.

You are entitled to a thirty (30) day notice notice to terminate on the lease even though you are not named on the lease. I suggest that you carefully read the lease to see if you are entitled to stay as a sub-tenant of your sister. Perhaps consulting with a landlord tenant attorney might be of assistance for you.


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 with SHA-256 Encryption