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My roommate and I do not get along. He has lived there for a bit less than a month. I asked him to leave since he is not part of the lease. He claims that after two weeks he is a resident of the apartment and he has the right to stay there.
Is this true? I am a Salt Lake City resident. Thank you in advance.
Yes he is considered a resident just because that is where he is staying.
You have to give him a written letter 5 days notice then if he doesn't leave you have to go to court and get a court ordered eviction and then the sheriff or constable will evict him when that eviction time is up if he still has not left.
I believe that a 3, 5, 7 or 10 day notice (depending on the state) is only for terminating a tenancy for non-payment of rent or violation of the rules. To terminate a month-to-month tenancy there needs to be at least a 30 day notice (except in Florida, which requires 15 days).
There is a sticky post at the top of the real estate law forum with links to the landlord/tenant laws for all of the states.
He is not on the lease and most probably not paying rent.
Whatever you are looking at the eviction dates differ from the list I have.
It doesn't matter whether he is on the lease. As for paying rent, he's been there less than a month. If he didn't pay anything when he moved in then she could give him a non-payment notice immediately but he could cure it by paying. If she wants to terminate his tenancy without him having the chance to cure she has to give a termination notice which is 30 days in most states.
This is the list I have and any that I have seen are the same
New Jersey is the only 30 day that I know of
But by the time you go through the magistrate and all it ends up around 30 days.
http://www.thelpa.com/free/statenoticechart.pdf
That's a great site, but it supports what Lisa said. Those periods are for non payment of rent. As she noted, the roommate has lived there less than a month, so it's a valid assumption that they paid for that month.Quote:
Originally Posted by N0help4u
To nilaix,
Your roommate is correct, even two weeks is enough to establish residency, so you now have to evict. Since he is not on the lease, then he is YOUR tenant. In the absence of a written lease, he is considered a periodic tenant. Therefore, you can terminate his tenancy with notice equal to one rental period. So if rent is monthly, then tell him TODAY in writing, that you are terminating his tenancy as of 8/31. If he does not leave on or before 8/31, then your next step is to go to court for an eviction order.
Where did that list come from? So far I've found 3 mistakes. NJ is 3 days. NH is 7 days. WI is 5 days.
The general rule for most states is that the notice period for non-payment of rent is 3, 5, 7 or 10 days. The notice period for termination of a tenancy is 30 days. A tenant can cure for non-payment by paying in full. A tenant can't cure a general termination.
Whoops, maybe not such a great site.Quote:
Originally Posted by LisaB4657
Shows that its always best to double check the local courts.
***CORRECTION***
NJ doesn't require any notice. A landlord can immediately file a lawsuit for eviction if rent is not paid when due.
Sorry. :)
I thought I was reading that wrong about New Jersey cause I remember using that chart for NJ about a month ago and it said Immeidate. Don't know how it got changed but I do admit many sites don't update but the other sites I have seen said the same.
The list isn't too bad but I'd still check the specific state law before taking any action. I've found a couple of "landlord help" sites that had incorrect info.
This is one of the best ones I have found but still I can't say how correct everything is
LANDLORD ASSOCIATION.ORG - Landlord Tenant Laws for All 50 States Including Statutes and Other Resources - News, Information, Advice, Management Software and Tools for Landlords, Real Estate Investors, Property Owners and Managers.
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