Legal Question in Landlord & Tenant Law in California

gettin evicted i need to know my rights

im renting a room in a home, there's

no contract, i've been paying rent

every single month, i help to clean

the house (i have a minimum wage

job) all of a sudden one of the

landlords leaves me a message on

my phone to move out by the end of

the month and to make the check

out to her name instead of the usual

landlord i pay to , with no reason. i

moved to california from puerto rico

not having no one but my girl friend

what do i do? how can i defend

myself?


Asked on 1/04/08, 1:09 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: gettin evicted i need to know my rights

If you have lived there for one year or more, then you must be given 60 days notice of the ending of the month to month tenancy, unless the following applies: Civil Code section 1946.1 requires the 60-day notice for tenancies of a year or more unless ALL of the following are true

* The dwelling or unit is alienable separate from the title to any other dwelling unit.

* The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a licensed escrow agent.

* The purchaser is a natural person or persons.

* The notice is given no more than 120 days after the escrow has been established.

* Notice was not previously given to the tenant pursuant to CC 1946.1

* The purchaser in good faith intends to reside in the property for at least one full year after the termination of the tenancy

Leases do not have to be in writing. Write a letter to all the landlords you are aware of saying you want to stay there, you are a good tenant and pay your rent on time and even help clean the house [are you paid for that, any reduction in your rent, required to do so by rental agreement, is area zoned for renting a room or single family homes only, etc.], you were not given proper notice, why do they want you out or is it just that one owner, and who do they all agree should have the rent paid to them since one has told you now to pay her?

Submit another question if that does not work.

Good luck.

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Answered on 1/04/08, 3:19 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: gettin evicted i need to know my rights

Almost always, I agree with Mr. Shers, but he missed what could be an important point here.

You do not tell us whether you are residing in a home with the owners, because if you are, you are in a separate area of the law involving a renter called a "private lodger".

And, more importantly, if you are the only private lodger in the landlords' house, the landlord (or one of them) can give you notice equivalent to the days between your rent payments. Thus, since you state that you are paying rent every single month, assuming that is a single monthly payment, you must receive a one month notice.

However, a private lodger is not subject to an eviction trial in court, but, is considered a trespasser after 30 days, and could thus be removed by the police.

Of course the above scenario only takes place if you are a private lodger, and one or more of the

landlords live in the home.

Aside from this, regardless of moving from Puerto Rico, or not, there are other rentals. You must remember rentals work two ways. The landlord/s can say they don't want you anymore, but you are not a prisoner, and can say "I don't want to stay any longer.

Good luck!

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Answered on 1/04/08, 6:44 pm


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