Legal Question in Landlord & Tenant Law in California
I've been with my boyfriend for about 15 months but officially moved in two month ago in September 2011 and started paying half the rent. Its been only 5 weeks, he gives me a 30 days notice to leave because he accuse me of cheating on him. I'm not on his lease, just a verbal agreement about paying half the rent and moving in. I tentatively found a place in my price range but it will not be ready until January 2012. I also need the 2 months to save money.
Can I reserve the right to stay until the end of the year? Do I have any rights or say because I'm not on the lease?
1 Answer from Attorneys
Technically you have the status of a boarder, under a subtenancy to his tenancy. That entitles you to 30-days notice. Furthermore, unfortunately, because you are a sole boarder, at the expiration of the 30-days you immediately become a trespasser, i.e., he does not have to file and win an unlawful detainer action to have you removed. I wish I could give you better news, but that is the law.
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