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?
2 Answers from Attorneys
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.
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!