Q: LL uses leasing agent. LL gave me 60 day nocause on m2m he listed my name and my prior roommate. I have new RM on lease.
The original roommate is no longer on the lease. Is this valid or will he have to start over with a new notice? Also, would it hold up in court? Also what can the OG Roomie do to clear his name if it were to go to court?
A: Assuming 60 days is the appropriate amount of notice (or more) that is required, it is likely effective as to you but not as to your new/current roommate that was not named on the notice (unless it says "and all others" or something similar). If it goes to court, and the old roommate is named in the lawsuit, he should go to court to protect his rental record. He will likely win and be entitled to recover his court costs and attorney's fees from the landlord/property manager. Old roommate will likely find attorney willing to represent him on a contingency meaning the attorney would collect his fees from the landlord/property managers and not charge them to the old roommate. The same may be true if new, current roommate is included in an eviction lawsuit but not in the termination notice. Neither, unfortunately, helps you and it is likely to be enforceable against you if the notice is otherwise legally compliant.
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