Contract between us states only that we are copayers/tenants of apartment. No specified end date.
Not on actual lease and also hasn't been paying bills.
We've been living together for exactly one year.
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I am not clear based on your description how you and your roomate are "copayers/tenants" of this apartment. Did you both sign the lease and become tenants? Did one of you lease the apartment from the landlord and then take on the other person as a sub-tenant? If you are both tenants on the lease, then only the landlord can evict either one of you. If one of you is a master tenant and the other is a sub-tenants, and the arrangement is a month-to-month tenancy, then the master tenant can evict the subtenant by way of a properly served 3-day notice or 30-day notice, depending on the context. Be sure to consult your own attorney to protect your legal rights.
Your relationship as copayer/tenants isn't clear. Is one of you a master tenant and the other a subtenant? If the roommate is not paying rent, a 3-day notice top pay rent or quit should be used. If the roommate has been a tenant for more than one year, but is current on paying the rent, a 60 day notice of termination is necessary.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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