Legal Question in Landlord & Tenant Law in California

My right to inhabit an apartment

If my name is not on the lease of an apartment, and if I do not have a written contract with the person I share an apartment with, and that person decides they want me to move out in less than a week, am I obligated to move? Can I be forced to move out? If so, how much time does that person legally have to give me to make other arrangements to move?


Asked on 6/14/06, 11:39 pm

1 Answer from Attorneys
Randy Schlosser Law Office of RM Schlosser

Re: My right to inhabit an apartment

Yes, you are what is know as a sub-tenant of the signing tenant. Most leases in Calif. have a clause prohibiting sub-leases/tenants, therefore you being in the apartment is a material breach of contract. If the other tenant vacates, you should ask the manager to allow you to lease the premises. However, if they refuse you can be evicted and an action can begin immediately.

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Answered on 6/15/06, 6:54 pm


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