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Ducham a posé la question dans Business & FinanceRenting & Real Estate · il y a 4 ans

Lease holder on apartment died, do i have 30 days to vacate?

My father died and ive lived in a duplex with him since i was born. He died a week ago and ive been served a eviction notice (not from the court) to be gone by the 1st. Since i wasnt on the lease do i still have 30 days to vacate? I live in Georgia

11 réponses

Pertinence
  • il y a 4 ans

    By your statement you are not on the lease agreement. Since you are not on the lease agreement, you have no legal standings in the rental unit.

    You were given a 30 day notice to vacate the rental unit. This is being generous by the landlord or property manager. They are required to give you the legal notice to be out of the rental unit based on the eviction notice of your state. This is normally 3-7 days

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  • il y a 4 ans

    They still have to give proper legal notice, which is usually 30 days.

  • Dan B
    Lv 7
    il y a 4 ans

    I would say you have 30 days minimum. Your LL is an a$$hole. You should be allowed to pay the next month's rent to give you time to get things sorted out. See if legal aid can help in this matter.

  • il y a 4 ans

    Was there a lease? Do you have a copy of a current lease?

    If there is one, that lease must be honored until it expires. At that time, you may have to vacate, if the landlord will not renew the lease. They must give you notice of this before the final month of the lease begins.

    But if there wasn't a lease, your father, and now you, became month-to-month tenants. No reason must be given to enjd your tenancy. Only the 30 days notice must be given.

    The giving of notice to vacate is NOT an eviction. An eviction is a legal action, taken at court, to remove you if you fail to vacate by the time you're supposed to (or for not paying rent, or other violations of the rental agreement).

    By law, if you were not given notice before August 1st, you do NOT have to vacate by September 1st. You must be out before October 1st. That is if you don't have a lease. If there is a lease, they will have to honor it. They can try to claim that you don't get to 'inherit' or take over the lease if you were not on it, but if it gets to court, the judge (or your lawyer, if you get one) will ask them, "If you knew this person was living there, not on the lease, why was it not a big deal then but it's a big deal now?" Many places that have leases insist that the deceased person's estate honor the remaining payments on the lease.

    So, find out if there is or isn't a lease. And also tell the people who gave you that notice that they have to give you one full rental period of notice. Not 30 days from when they gave it to you. The whole month of September. The only time this does not apply is when a written agreement states the rental period runs from a specific day, other than the first of the month, to that same day in the final month of the agreement. Otherwise, move-in is the 1st, move-out is the last day of a month, and when you are given notice, you have until the end of the NEXT month.

  • il y a 4 ans

    You need to abide by the notice (it is NOT an eviction and shouldn't be referred to as such.) Your best hope is to convince them to sign a lease with you assuming you can afford it. If you can't afford it, then that is likely why they are giving you notice.

  • ?
    Lv 7
    il y a 4 ans

    if the court says out by the 1st, you are out by the 1st

  • il y a 4 ans

    Read the lease. If you are of legal age and the lease says it's binding on "heirs, assigns, etc" you might be able to stay there. Also Google "landlord tenant laws" and your state's name for details.

  • Maxi
    Lv 7
    il y a 4 ans

    Sounds like you have a Georgia Notice to Quit which can be 3-7 days, and you either remedy the issue or leave and as the tenant has died it is not possible to remedy the issue, it is the start of the eviction process, so if you don't leave then the landlord will go to court to evict. Suggest you speak to the landlord and ask if you can either become the tenant and have a contract or you are looking for somewhere to go and would it be possible to give you a couple of weeks there so you have time to move( where you have to pay rent)

  • Ryan M
    Lv 7
    il y a 4 ans

    This can vary SIGNIFICANTLY by local jurisdiction. In general, since you were not on the lease but established the place as your residence, 30 days is all they need to give you. You do not inherit the lease. Best to move out before they start eviction proceedings against you. Once that happens, you will find it VERY VERY hard to find another place to live.

  • il y a 4 ans

    Depends on local law. See a local lawyer.

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