Legal Question in Landlord & Tenant Law in California

Eviction

I'm not 0on the lease at my complex but my other two roomates are. Roomate#3 decided that she would pay the rent before she got the other two peoples rent money. Well the check bounced and myself and the other roomate had to pay for it. My money is super tight and she is giving me a 5 days to move. Can she legally throw me out that fast?


Asked on 11/18/03, 4:11 am

1 Answer from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Eviction

I'm not too clear on whether "she" refers to the landlord or roomate number 3. But, basically, it sounds like you are the subtenant of the other two tenants. If the landlord gave at least 3 days written notice to pay up or quit, and you paid later than the stated deadline, the landlord could till proceed to evict all of you. However, if it is roommate #3 ordering you out, which I think you are saying it is, she cannot do it with a 5-day notice because you were not late paying her (I assume you weren't). In this circumstance, she would have to give a 30-day notice (60 days if you've been there more than one year).

Although I practice in Georgia, your question was sent to me because I am also a member of the California Bar since 1979.

Read more
Answered on 11/28/03, 8:04 am


Related Questions & Answers

More Landlord & Tenants questions and answers in California