Legal Question in Landlord & Tenant Law in California

Eviction/Asked to leave Residence of 4 years

In 2004 my girlfriend asked me to move into her and her Mothers home here in Sacramento, CA. I have been living here sincethat time. She and I (nor her Mother) have ever had or established any type of ''rental agreement'' in all these years. I have instead maintained and made improvments in and around the residence as well as provided assistence monetarliy for food and said improvements. Along with nuturing the loving and intimate relationship with my girlfriend. Her Mother past away in June of last year and the home now is her's. Still we have never had any written agreement for ''rent''. She has now decided for reasons of ''no longer trusting me'' wants me OUT of HER HOME! In March this year she wrote me a note asking me to LEAVE in 30 days. I have remained with the hope we would work thru this and continue. She has asked to leave on other occassions but we stayed together none the less for all these yrs. She seems to think that simply because she has asked me to GO and told her friends and neighbors that I must GO she can simply ''kick me to the curb'' What are my rights in this matter? I will leave as I'm no longer wanted but she is now telling me I must be out by the end of this month 10 days. I hope you can help me & her Thanks


Asked on 4/22/08, 12:46 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Eviction/Asked to leave Residence of 4 years

Stop thinking only of yourself.

It is her house! You could fight it in court, but you cannot win.

If she wants you back at a later time, deal with that later.

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Answered on 4/22/08, 8:35 pm
Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Eviction/Asked to leave Residence of 4 years

After living there for four years you could require a written 60 day notice to terminate your occupancy in California. Should you do so, however, is another question. She could also concurrently give you a written change of terms of tenancy notice to start charging you rent the second month.

If I were you I'd just move out, since if you lose an unlawful detainer (i.e. eviction) action it will make getting future rental units much harder. Remember, she is a woman who just lost her Mother, so sympathy will be on her side.

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Answered on 4/22/08, 2:08 pm


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