[Clifford Irby]

I am a co-signer on my daughter's apartment.
She received a letter on 8/31/07 for noncompliance for noise/abusive behavior.

Her "noisy' roommate left on 9/15/07.

Another incident occurred on 10/20/07 where an univited guest showed up looking for the old roommate.

My daughter then received a notice of Termination of Lease on 10/23/07.

The property manager told my daughter she would give her as much time as she needed to find another apartment & extend the date if she needed it.

Today my daughter was told to vacate by tomorrow because they had rented the apartment to someone else.

What can we do? Is this legal?

[excon]

Today my daughter was told to vacate by tomorrow because they had rented the apartment to someone else.... What can we do? Is this legal?

Hello Cliff:

Eviction ISN'T a landlord procedure, it's a COURTROOM procedure. IF your daughter hasn't been served a summons to appear in court, and indeed, has NEVER been to court, then she has NOT been evicted. When you haven't been evicted, you stay where you are.

IF the landlord is simply giving her notice, then it needs to be at least a 30 day WRITTEN notice. If, at the expiration of 30 days, she's still there, then and only then can eviction procedures begin.

Your situation is complicated by a lot of verbal agreements back and forth. So much so, it appears, that nobody can figure out who is supposed to be out, and when. Plus, you didn't mention whether she's paid her RENT, and whether it was accepted during this period. That's a KEY factor.

I also don't know what WRITTEN documentation anybody has, so my advice is subject to change as you investigate more.

excon