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Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16227
Experience:  15 yrs residential & commercial leasing experience.
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My daughter was in a sublease beginning in December of 2015

Customer Question

my daughter was in a sublease beginning in December of 2015 with people who now have been evicted for a month and she is told she is going to be evicted (after being told otherwise by the landlord). She was given a 30 day notice by the landlord 4-1-16 although she was never in a contract with the landlord. Now the landlord has hired a realty company who is telling her she must leave immediately. Further, she experienced trauma just being in the stressful situation of that home with the insanity of the living situation. She and a mid-aged man live there now. what kind of rights does she have?
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 6 months ago.
Hello there --She does not have to leave immediately, but she will have to leave eventually (I am sorry to tell you that but I will tell you legally why in a moment). Because she is a sublessor of people who were evicted, the contract was between your daughter and the former tenants and the landlord has no legal obligation to honor that contract. However, because he is aware of her tenancy, he still has a legal obligation to evict her according to the unlawful detainer / eviction laws in your state. She must be provided with written notice to vacate the premises and be given 30 days to do so, and even then if she does not leave the landlord must take the matter to the local county eviction court and get a court order from a judge with a specific eviction date set forth on the legal order (if she remains after the 30 days, and the LL files for court right away, she will have about 3 weeks to the court hearing and then the court may generally give her another week or two to get her things and leave). If she is still living there on the date the court has ordered her to leave, the LL must call the local Sheriff to remove her and her belongings to the sidewalk (a bit drastic but that is how it is done). -I wish I could give you a legal reason so she can force the LL to let her stay indefinitely so long as she pays rent but the law does not work that way and if the LL wants her to leave, he has the legal right to ask a court to assist him particularly when they have no written contract between them. However, there is nothing that says that your daughter and the LL cannot come to some other agreement so that she can stay at any point before an eviction process takes place. -I hope that helps even if it was not completely what you would have liked to hear. Please let me know if you have further questions. If not, can you please press a positive rating above this chat session so I will be paid for my time? I am paid nothing unless you press a positive rating above (a positive rating is pressing the middle star or the fourth or fifth star on the right side of the middle star). THANK YOU VERY MUCH-MARY

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