Legal Question in Civil Rights Law in California

my friend asks me to watch his place due to an out of town emergency. shortly after he decides to stay where he is.he says i can stay i just have to pay the rent by the 5th of every month. the landlord is aware, verbally agrees and then accepts money orders i give her for rent. now she ants me to move due to another tenant complaining about loud music being played in my home around 2pm on a saturday.i havent played any music since this was brought to my attention. she hasn't given me a rental agreement and doesnt plan on it and threatens me everyday in front of people my kids and improfessionally. i like the apartment location as well as the price. what can she do and cant as far as evicting me. can she kick me out after accepting my rent


Asked on 1/17/10, 9:24 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You are a sub-leasor who may now be jsut a tenant, but the same rules apply. You could be given a three day notice but since you are not playing the music loudly now, she probably could not evict you,. but she can give you a thirty day notice for no reason at all. You are on a month to month rental basis and either side can just say they do not want to continue the rental. If she accepts your rent after the date or for after the date you are supposed to leave, she has waived that thirty day notice and must re-serve you. Try to convince her that she will not find a new tenant so quickly at the rent you are paying [rents in some locations are going down] and that you have been a good tenant except for that one incident tha you have never repeated.

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Answered on 1/22/10, 10:52 pm


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