[danip]

We're both college students, we aren't friends we were co-workers and I live in Alabama.

Im confused because Ive read in several places that Im only required to give her a 30 day notice to get her to leave since I am the only person on my lease and we only had an oral agreement which at this point she has not only broken but denies.

My question is do I owe her 30 or 60 days she thinks it's 60 days!

[ScottGem]

You're both wrong. In Alabama its only 10 days.

Alabama Termination of Lease for a Periodic Tenancy Law - Lease - Landlord Tenant

[Fr_Chuck]

She sub-rents from you, if you and her have the agreement. And you lease from the owner.

So you can evict, they are not subject to any of the terms of your lease.

So the why you are going to evict is the issue, if she is not paying, you can evict a lot soon for non payment, if you merely want to evict you give a notice according to your state rules.

[danip]

That's even better! Thanks so much!

[danip]

Fr_Chuck
... the gist of the situation is that she found out last semester (AUG 09) that she would not be receiving financial aid for this semester (Spring 2010) so she'd have to pay tuition, rent, utilities etc. out of pocket.

She came back to my apt Jan 3, 2010 and told me that she and her parent hadn't figured out how she would pay those previously mentioned expenses... according to what we orally agreed last August, she'd pay rent on the 1st and it'd be late by the 7th, so on the 8th I confronted her showing her the bills and discussing her half saying... the bills would be late by the 19th of Jan and I'd give her until that date to pay them and the rent (which at that point was already late).

She still didn't pay me until the 24th of Jan. and the check she wrote didn't cover what she actually owed for January, she was $98 short.

So, I told her I would not be compromising for the month of February everything needed to be paid by there due dates... Feb. 1st came... she didn't mention anything about the rent then the 7th came and still no word from her so I gave her a 30 day notice on the basis that she has broken our agreement and can not afford to live here.

[danip]

I just don't want to have to deal with the unpredictability of her financial situation, it isn't what I agreed to...

[ScottGem]

Ahh you didn't tell us that she wasn't paying her share. That makes a difference. However, since you have already given her 30 days, you can't back out on that now. You could have used a pay or quit to get her out sooner.

Now you have to wait for the 30 day deadline to expire. When it does, if she still hasn't moved, you start eviction proceedings.

[danip]

So if by March 1st (the end of her 30 days)... can I then use "pay or quit" because at this point she hasn't paid for February's rent or even mentioned paying anything this month.

Im just concerned at this point that she will be living here 2 months for free! I don't know, maybe it's time to seek an attorney?

[ScottGem]

No, need to use a pay or quit. You've already given her notice. If she isn't out March 1 you go to your local housing court and file for an eviction order.