I just lost my job as an apartment manager and my brother and his girlfriend have been living on site in the apartment that was included with my monthly compensation. We have until midnight Friday 7/31 to be out but he and his girlfriend are out of town until Sunday, 8/2. I was subletting to them so there is no written agreement between the management company and them. Do they have rights as squatters that will prevent the management company from changing the locks while they are away? They have been there since January.

They are not squatters first of all.

What state is this and what is the reason they are evicting?
Does the lease say you are not allowed to sublet?

Depending on your state you may be able to get them for illegal eviction.

Most states law is they have to give you so many days written notice and then go to court and get a court order for another of the same amount of days to move.

Landlord must go to court to force you to leave. The landlord cannot change the locks, shut off the utilities, remove your furniture or take any other action outside the courthouse to force you to move. This is true in most states.

Hello p:

You WERE a manager. You ARE a tenant, and as such, can't be evicted unless there a court order. Therefore, you should be afforded a 30 day written notice.

If they didn't give you one, and if they change the locks, they'll be guilty of an illegal eviction and you can sue them.

excon

Therefore, you should be afforded a 30 day written notice.

Unless the OP is in Florida; then only a 15-day notice is required.

But it's all a guess until they come back and give us more info :)

They are not squatters first of all.

What state is this and what is the reason they are evicting?
does the lease say you are not allowed to sublet?

Depending on your state you may be able to get them for illegal eviction.

Most states law is they have to give you so many days written notice and then go to court and get a court order for another of the same amount of days to move.

landlord must go to court to force you to leave. The landlord cannot change the locks, shut off the utilities, remove your furniture or take any other action outside the courthouse to force you to move. This is true in most states.


First, thanks to everyone taking the time to answer my questions. Second, the state is Oregon and I signed a written agreement when I was hired that stated I would have only 72 hours to vacate if terminated. Also, they threatened to withhold my check if I didn't sign a document stating I would be out by midnight, July 31st at the time I was let go. So I signed it but explained my brother's situation. Human Resources was present when my former supervisor said that if I needed a few additional days that would be fine. That either the days would be comped or prorated. Obviously, she changed her mindSo what options are left?

Hello again, p:

You have rights under the law. ANY agreement you enter into which abrogates those rights will NOT be upheld. Therefore, BOTH of your agreements are VOID!

I would do the following, since you don't have much time. Write a letter to your landlord stating the above FACT. In your letter, tell them that you are invoking your rights under the Oregon landlord/tenant act. Tell them further that if they act on their illegal eviction that you will sue them for the maximum allowed by your state. Tell them further, that if they don't give you your paycheck within 24 hours, you will be filing suit against them.

Write at the TOP of your letter, that you sent it CERTIFIED. Make several copies. Send one certified, return receipt requested. Send another by regular mail, and HAND a copy to the on site manager.

Once they SEE that you're serious, and you know the law, and you HAVE documentation, they'll back down. If they don't, and they try to physically move you or change the locks, call the COPS. They'll STOP them.

excon