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Renter's rights legal advice please?
I live in Chicago with a month to month verbal lease. As far as I know, my roommate, the original tenant, is also on a month to month verbal lease. Today he told me (not asked me) to be out of the apartment by Aug 1. He gave me a handwritten note with today's date and time and I'm assuming he kept the original. I know that by law the LANDLORD has to give me at least 30 days notice if he's serving an eviction. I've never had any issues with the lanlord that would give him justifiable cause to evict me. Does the law still hold true if my ROOMMATE wants to evict me? What grounds, if any, would my roommate have in order to legally evict me by August 1?
@paul - I WILL be moving out, I just can't do it over the weekend. I have no problem moving out, I just want, and NEED, the 30 days to find a place and move. What legal ground does my roommate have, if any, that can allow him to evict me with essentially 2 days notice?
DETAILS - the roommate is my older brother. He is not an agent of the landlord in any capacity. The reason(s) he wants me out have absolutely nothing to do with the rental agreement, it's all completely personal reason(s). The verbal agreement I have is essentially with both. A while back, I asked my bro to move in with him and he accepted. Our agreement was we'd split the rent. We each write a check to the landlord for our shares of the rent and I pay an additional amount for garage space. The landlord has come to accept ME as a tenant and as far as I know, there is NO sublease between my brother and I.
PERSONAL DETAILS - as I've stated before, I WILL be moving out. We've been having issues for a long time & I will be happy the day I get my own place. I know I'm not welcome here anymore & I have no problem leaving. Again, the only thing I want, is to be allowed the 30 days so I can get my own place. I know life will be difficult for those 30 days, but I'm ready to deal with that as l
7 Answers
- ?Lv 710 years ago
Is the verbal agreement between you and the tenant? I assume you are not on the lease. He can evict you with a court order but if there is no reason for an eviction, he has to give you a 30 days notice to vacate, not an eviction. Why does he want you to leave? A 3-day notice is usually due to non-payment of rent and it has to be a court order.
- OthnielLv 610 years ago
Is your verbal agreement with the landlord or with the roommate? Is the roommate an agent of the landlord?
Normally a month to month agreement can be terminated by either the landlord or the tenant with a thirty day notice and no reason has to be given. If the roommate has sublet part of his rental to you with the consent of the landlord it seems that he would be within his rights to terminate your stay.
Even if you can find some means of hanging on why would you want to? Can't think of anything worse than sharing living space with someone who wants me out of there.
- TowandaLv 710 years ago
When you are a month to month tenant, there doesn't have to be any reasons. But most places require a written 30 day notice to ask you to move or for you to give notice you are moving. Since you moved in and your roommate is the renter, he has the right to ask you to move out and you must do so. Usually you get the notice at the first of the month and then move out by the end of the month but if he gave you notice today, you have 30 days to be out and that pretty much the legality of it.
- paulfriedman7Lv 710 years ago
It sounds like you have a verbal sub-let of the apartment. This would almost certainly be a violation of the original rental agreement if their were a written agreement. You would be wise to leave. You and your roommate are not going to get along. I'll bet you'll find that if you talk to the landlord there actually is a written rental agreement. In that case the landlord will probably kick you out. If the landlord is working without written rental agreements he's an absolute idiot. Leave.
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- SlickterpLv 710 years ago
"I know that by law the LANDLORD has to give me at least 30 days notice if he's serving an eviction." - NO, he has to gie you 30 days to vacate. It's not an eviction.
Your roommate has no authority to kick you out at all, let alone without proper notice. He has ZERO grounds to legally evict you at all, let alone by 8/1.
- chatsplasLv 710 years ago
Probably NONE
But with a month to month tenancy, either LL or tenant can give other 30 days notice
Any"good" notice in July gives you to end of August to move out
And no one has right to give you a couple day's notice
Eviction is a legal process, requiring court approval. . .this is only a notice
The issue is WHO is your LL? Do you pay rent to roomie or to LL?
If to the LL, your roomie CANNOT legally demand that you get out
Certainly roomie cannot demand you be out with just a few days notice
suggest you ask for meeting with you, roomie and LL
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