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    dpw72012's Avatar
    dpw72012 Posts: 3, Reputation: 1
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    #1

    Aug 31, 2012, 04:08 AM
    How much notice to vacate do I have to give if bro lives in my condo with no lease?
    I own and reside in a condo in DC. My brother lives in my condo too. However, we don't have a written lease and he has not paid rent according to our verbal agreement in over a year. How much notice to vacate am I required to give my brother before he has to move out? 30 days? 60 days?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 31, 2012, 05:18 AM
    If there was an agreement to pay and he has not paid you can give him a 5 day pay or quit notice. Otherwise 30 days to vacate.
    dpw72012's Avatar
    dpw72012 Posts: 3, Reputation: 1
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    #3

    Aug 31, 2012, 05:56 AM
    Thanks, Scott Gem. I found something online that said I have to give my brother 90 days to vacate because I want to use the space he occupies for myself. I am so confused. My new husband says that if my brother is not out in 30 days, he will move out. Does the fact that I want to use my brothers room change the answer to my question?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 31, 2012, 07:16 AM
    Quote Originally Posted by dpw72012 View Post
    Thanks, Scott Gem. I found something online that said I have to give my brother 90 days to vacate because I want to use the space he occupies for myself. I am so confused. My new husband says that if my brother is not out in 30 days, he will move out. Does the fact that I want to use my brothers room change the answer to my question?

    No, not at all - the law is the law.

    Please post where you saw the info on 90 days.

    EDIT: Here it is! Here are the time frames: Time to Vacate - Depending on the reason for eviction, you have different amounts of time to vacate: Violation of Lease Agreement: 30 days; Substantial Rehabilitation: 120 days; Landlord's Immediate/Personal Use: 90 days; Contract Purchaser's Personal Use: 90 days; Discontinuance of Use as Rental Property: 180 days; Demolition: 180 days; Unsafe renovations or alterations: 120 days

    Yes, if you are evicting to get use of the room it's 90 days.
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    dpw72012 Posts: 3, Reputation: 1
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    #5

    Aug 31, 2012, 07:20 AM
    Quote Originally Posted by JudyKayTee View Post
    No, not at all - the law is the law.

    Please post where you saw the info on 90 days.
    Here's where I saw the information that said 90 days:
    http://och.georgetown.edu/uploadedfiles/Tenant_Survival_Guide.pdf
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Aug 31, 2012, 07:30 AM
    Quote Originally Posted by dpw72012 View Post
    Here's where I saw the information that said 90 days:
    http://och.georgetown.edu/uploadedfi...ival_Guide.pdf
    Our posts crossed - good research on your part, by the way.

    I'm still researching - ""Waiver of notice to quit" is a lease clause that allows the landlord to start eviction proceedings without giving a tenant the usual 30-day Notice to Quit. (See the section on Evictions for further details on the eviction process.) This waiver is legal only when the eviction is based on non-payment of rent. When the eviction is based on other reasons the landlord must
    Give you proper written notice before evicting you.”

    I'm working on this - give me a couple of minutes.

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