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    GeoHub's Avatar
    GeoHub Posts: 2, Reputation: 1
    New Member
     
    #1

    Feb 12, 2009, 12:32 PM
    Being Kicked out because owner coming home
    Here is my situation. I am currently in a lease with two other people and it ends in about five months. It is not month to month but has a very specific begin and end date. We just got a call from our landlord that we have about a month to move out because the owner is coming back from overseas and needs to live here. Is this legal at all, do we get any monetary compensation, and is it worth fighting? I was told by one of my roommates, who owns rental property, that the rental agency or landlord will be required to pay us for the remaining months on our lease. Any help on this subject would be much appreciated.
    DSMom's Avatar
    DSMom Posts: 55, Reputation: 17
    Junior Member
     
    #2

    Feb 12, 2009, 12:36 PM

    I am very confused as to how it is month to month but also has a start and end date?
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
    Ultra Member
     
    #3

    Feb 12, 2009, 12:38 PM

    Do you have a written lease agreement? If not, then most states require that the landlord to give you 30 days notice to vacate; if so, the landlord cannot just break your lease because the owner needs a place to stay.

    I have yet to find any law that states the landlord has to pay you for the remaining months on the lease; what state are you in? Does your roommate have a reference for this law he believes exists?
    GeoHub's Avatar
    GeoHub Posts: 2, Reputation: 1
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    #4

    Feb 12, 2009, 01:14 PM
    I live in California. I'm not sure where my roommate got that info and have been trying to check on it. The only basis for it that I can see is that we have to also agree to break the lease (which is written) and thus can force them to meet our demands or we stay here until the end of the lease. They have no legal reason to break the lease, i.e. we have not done anything to warrant an eviction.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Feb 12, 2009, 01:18 PM

    If you have a written lease agreement, the owner cannot force you to move just because they decided they're moving back in.

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