Should I have to give a 60-day written notice if my son who lives with meis banned from my apartment?

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Should I have to give a 60-day written notice if my son who lives with meis banned from my apartment?

I signed a lease but my son lives in the apartment. He’s been there for over a year. There was a note placed in the door informing me that he had to be off the property that day and that he was banned from coming back; if seen would be arrested. I was told that I could get out the lease by giving a 60-day notice, which means I have to occupy the place for that time. I sent them a letter informing them that I felt since my son could not come onto the property that they were essentially evicting me and I should not have to give such notice and I requested my deposits be returned.

Asked on September 23, 2011 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There are several different issues here:

1) First, it's not automatically a given that they can ask your son to not return. If the lease itself does not state that people may be evicted for criminal convictions, then they probably cannot make him go--the lease is a contract, and binds both parties (landlord and tenant); the landlord cannot add new requirements or terms. So unless the lease provides for eviction in this case, your son probably does not need to go. (Exception: if he committed crimes against the landlord, they could evict him.)

2) If you have to give 60 days notice, then you need to provide 60 days notice--i.e. pay rent for a period of time. If you son is on the lease, you may be able to argue that by evicting one person on the lease, they are effectively evicting you, too, thought it's not certain that would be winning argument; however, if he's not on the lease, there is no doubt but that they could evict him while still holding you to the 60-day notice.


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