• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

30-day notice?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

Arcadis

Guest
We just asked out roomate to move out (gave him 1 month and 2 weeks notice), and from the information that I have, he is on a month-to-month verbal with the landlord (not on lease). I wanted to know should I have the landlord give him an official written 30-day notice to remain in the legal realm of things? I don't want him waiting till the end of August and saying that he didn't get 30 day notice so he is not leaving.....Please help.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Arcadis:
We just asked out roomate to move out (gave him 1 month and 2 weeks notice), and from the information that I have, he is on a month-to-month verbal with the landlord (not on lease). I wanted to know should I have the landlord give him an official written 30-day notice to remain in the legal realm of things? I don't want him waiting till the end of August and saying that he didn't get 30 day notice so he is not leaving.....Please help.<HR></BLOCKQUOTE>

Question previously asked and already answered. Once again, the landlord is the only one that can legally give the notice.
 
A

Arcadis

Guest
Thank you for the previous advice, but now the roomate called the landlord and said that he won't be moving out in August. I then asked the landlord about writing a 30-day notice and they are worried, because they are thinking they will have to do eviction proceedings if he doesn't leave. They don't know who will pay for the proceedings if it goes to that, and how does eviction work for just one tenant and not the primary tenants/lease holders? They want us to handle this as much as possible so they are not involved but I explained to them that they accepted rent from him directly therefore the notice has to come from them, not us, and if he doesn't get a notice then legally he doesn't have to move out! Help - any advice appreciated...
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Arcadis:
Thank you for the previous advice, but now the roomate called the landlord and said that he won't be moving out in August. I then asked the landlord about writing a 30-day notice and they are worried, because they are thinking they will have to do eviction proceedings if he doesn't leave. They don't know who will pay for the proceedings if it goes to that, and how does eviction work for just one tenant and not the primary tenants/lease holders? They want us to handle this as much as possible so they are not involved but I explained to them that they accepted rent from him directly therefore the notice has to come from them, not us, and if he doesn't get a notice then legally he doesn't have to move out! Help - any advice appreciated...<HR></BLOCKQUOTE>

Type out the 30 day notice to the tenant for the landlord, go meet the landlord and have him sign the letter and 2 copies, give him one copy. Then you 2 tenants serve the other tenant the notice. Have the tenant sign the bottom of the letter as a receipt and give the other letter. Both of you have to do this together so one can be the witness in case the tenant refuses to sign. This procedure will help since all the landlord has to do is sign the letter. Explain to the landlord that you guys will help handle everything else.

When I was in this situation, I delivered an eviction notice to all 3 of my tenants ( but told the other 2 my strategy and had a new lease signed with only their names), then when the bad one moved out, the remaining 2 tenants stayed.
 
A

Arcadis

Guest
My landlords are afraid to write a 30-day notice (I downloaded one and faxed it to them to show to their lawyer) because they don't want to be involved. I explained to them that by accepting rent from the 3rd non-lease tenant he has become a co-tenant and we the co-tenants cannot legally give him notice. Their lawyer suggests to give notice to all 3 of us at the house, even though they are happy with us, and I am trying to explain that legally they have to be the ones to issue the 30-day notice.
Is is legal for us to have the 3rd tenant sign a voluntary move-out by Aug 31, with conditions of staying into Sept (he is lazy and saying he may not find housing by end of Aug)? What do you suggest besides forcing the landlords to write a 30-day notice? They want to talk to 3rd tenant directly to find out where he stands and try to discuss how they can help him to move out without problems - is this a good idea?? HELP!!
 

HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Arcadis:
My landlords are afraid to write a 30-day notice (I downloaded one and faxed it to them to show to their lawyer) because they don't want to be involved. I explained to them that by accepting rent from the 3rd non-lease tenant he has become a co-tenant and we the co-tenants cannot legally give him notice. Their lawyer suggests to give notice to all 3 of us at the house, even though they are happy with us, and I am trying to explain that legally they have to be the ones to issue the 30-day notice.
Is is legal for us to have the 3rd tenant sign a voluntary move-out by Aug 31, with conditions of staying into Sept (he is lazy and saying he may not find housing by end of Aug)? What do you suggest besides forcing the landlords to write a 30-day notice? They want to talk to 3rd tenant directly to find out where he stands and try to discuss how they can help him to move out without problems - is this a good idea?? HELP!!
<HR></BLOCKQUOTE>

That is a step in the right direction if L wants to talk directly with #3. I see no harm with more communication.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top