If I’m living in an apartment provided by my former employer, is official notice to vacate required?

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If I’m living in an apartment provided by my former employer, is official notice to vacate required?

I have been living in an apartment above my office for 2 years. I was laid off 2 days ago and my ex-employer has given me until the end of the month verbally. I have not been required to pay rent, however I have always considered living there as part of my wages as my actual wage is far lower than what I have made in the past. Does my employer still need to give me official written notice to vacate and how long do I have? I live in WA.

Asked on April 18, 2011 under Real Estate Law, Washington

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In such a situation, legally you will be deemed to be a "licensee" in most states.  That is someone who was invited to live on the premises by the owner.  Now that such permission has been revoked you will need to me given legal notice, the same as a tenant would be.  Assuming that there is no formal agreement as to your living in the apartment, you would have the equivalent of a month-to-month tenancy.  Accordingly, under WA law, you need to be given written notice of 30 days.  If you are not out by the time specified, then your former employer would have to file an "unlawful detainer action" (i.e. eviction) to have you legally removed.  At this point you should discuss your rights with a tenant's rights group or attorney that specializes in landlord-tenant matters (possibly Legal Aid).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

In such a situation, legally you will be deemed to be a "licensee" in most states.  That is someone who was invited to live on the premises by the owner.  Now that such permission has been revoked you will need to me given legal notice, the same as a tenant would be.  Assuming that there is no formal agreement as to your living in the apartment, you would have the equivalent of a month-to-month tenancy.  Accordingly, under WA law, you need to be given written notice of 30 days.  If you are not out by the time specified, then your former employer would have to file an "unlawful detainer action" (i.e. eviction) to have you legally removed.  At this point you should discuss your rights with a tenant's rights group or attorney that specializes in landlord-tenant matters (possibly Legal Aid).


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