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BF only 7 day notice from landlord - employer
by kimberly (Kansas)
on January 26, 2015 @17:00
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My bf was working for an apartment complex and they let him go because he didnt want to sign with a new company, he has a lease with the apartment complex because thats where we reside, can they give him 7 days to 48 hours to move out even if we have a lease?
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Re: BF only 7 day notice from landlord - employer
by Anonymous
on January 26, 2015 @19:05
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Look up landlord/tenant laws in Kansas, have him read his lease. You should give more information, in your question. What is the reason they are giving him to move out?
Something to keep in mind is he may be in breech of his contract for you living there without being on the lease (unless he had written permission) You said he has a lease, but it's where you both reside. There is a provision in most leases that say you may not move in additional people unless you've been given written permission.
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Re: BF only 7 day notice from landlord - employer
by Garry (Iowa)
on January 26, 2015 @19:46
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It depends on what your lease says. But its possible he may be required to move out, because his employment may be tied to the lease. Some apartment complexes around the country require some of their employees (usually their maintainance people) to live on-site, so they can be reached 24 hours a day for emergencies.
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A sort-of answer
by Lighthope
on January 26, 2015 @21:25
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> can they give him 7 days to 48 hours to move out even if we
> have a lease?
According to the Kansas Tenant's Handbook, written by Housing and Credit Counseling (http://www.kansaslegalservices.org/files/THB.pdf):
Occupancy by an EMPLOYEE of a landlord whose right to occupancy is conditional upon employment in and about the premises does not fall under the Kansas Residential Landlord and Tenant Act. Under that Act in K.S.A. 58-2543
That does not in and of itself mean that he isn't entitled to some kind of notice. Just that it is not the notice you would normally avail yourself to under a normal landlord/tenant relationship.
My understanding from a long time ago is that they can give 48 hours notice. But that is old information and reliant on an unsure memory.
Check with your Housing authority for a better answer.
Lighthope
Pearls of Wisdom - Who'd have thought that "'Till death do us part" would take so long?
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Re: BF only 7 day notice from landlord - employer
by MrDan (Georgia)
on January 27, 2015 @18:16
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If the lease arrangement requires a rent payment, the regular notice requirements apply under Kansas Residential Landlord and Tenant Act.
A minimum of 10 days' written notice to terminate is required if a tenancy is employment related. (Employment related tenancies are not included under the Kansas Residential Landlord and Tenant Act, but are covered in K.S.A. 58-2504. (This does not seem to apply to your situation, as your not an employee of current landlord.)
Statute 58-2504: Termination of tenancy at will; notice. Thirty days' notice in writing is necessary to be given by either party before he or she can terminate a tenancy at will, or from one period to another of three months or less; but where in any case rent is reserved payable at intervals of less than thirty days, the length of notice need not be greater than such interval between the days of payment: Provided, however, That when premises are furnished or let by an employer to an employee, said tenancy shall cease and determine ten days after written notice to vacate: Provided further, That not more than fifteen (15) days' notice in writing by a tenant shall be necessary to terminate any tenancy as described in this section of persons in the military service of the United States in which the termination of tenancy is necessitated by military orders.
But, again you are not an employee of current landlord and have a lease. You should contact an attorney for advice, many will offer a free consultation. You might find one who would take the case for free or at least refer you to someone who can provide guidance and help.
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