Legal Question in Landlord & Tenant Law in California

i have no lease but have been paying rent since oct last year under the impresion i was on the lease but then we got a new landlord and she says i have no lkease and said i needed to leave imidatly, so i have refused to pay since i have no lease i never signed anything saying i had to pay right? she wants me to give her a deposit before she lets me sign a lease and i all ready did that to the other land lord in jan so im not paying it twic\e and since im not on a lease agreement im not giving them the rent either until they give me a lease to sign or take me to court, then today they gave me a three day pay or quit and im going to let them take me to court but can they win this case, dont they have to give me a lease before i have to pay anything becuse i at lkeast have squatters right iv been here almost a year and have established residincy


Asked on 8/23/12, 5:16 pm

2 Answers from Attorneys

Brian Rosales Harris, Rosales & harris

If you did not sign a rental agreement you will be considered on a month to month agreement at whatever rent you have been paying per month. The course of conduct you have engaged in since October (paying rent) establishes that tenancy. Failure to pay within the three day period could result in you losing the eviction case. The new landlord cannot demand a new security deposit from you she needs to get the deposit from the former owner. She can increase the security deposit up to a total of 2 times the rent if it is below that amount but must provide a notice of change of terms. I would pay the rent and try to work things out with the new owner. Be aware that she can give you a thirty day notice to vacate even if you pay the rent.

No such thing as "squatters" rights.

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Answered on 8/23/12, 6:22 pm

Mr. Rosales is entirely correct. Based on your oral agreement with the former landlord, the new landlord must abide by your TENANTS rights, but only if you abide by your tenants OBLIGATIONS just as if the new landlord was the old landlord. You have a right to hold both landlords responsible for your deposit. The old landlord was obligated to transfer it to the new landlord or refund it to you and let the new landlord negotiate a new deposit or evict you. If the new landlord did not make sure that happened, the new landlord is jointly and severably liable to you for the deposit just as if it HAD been transferred. If your deposit was less than 2mos rent, however, the new landlord can up the deposit to 2mos rent, LESS what you already gave the old landlord, and must give 30-days notice of that increase. As Mr. Rosales said, however, this all will be academic if you don't pay your rent, and may be academic anyway, since the new landlord can give you a 30-day notice to vacate even if you bring yourself current on the rent.

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Answered on 8/23/12, 11:06 pm


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