Legal Question in Landlord & Tenant Law in California

land lord tenant

I rented a room (in Los Angeles CA) in a landlord's house. The previous ocupant of the same room got released from jail a year and half later and is now claiming that the room belongs to him becaulse :

1. He had established residency in that room and he was never legally evicted by the landlord even absent of any rent payment during his encarseration (the man is landlord's nephew).

2. The landlord let him back into the room after his release even though I had maintained rent payment of the room.

Question:

1. How long after the room has been vacant does the landlord have the right to rent that room to me without legally evicting the previous occupant?

2. If I sue the landlord in court and ask that I be allowd to remain in my room can I win and thus force him out of the room?

3. Who really has the legal priority to that room at this point? and what case law do I quote to the judge?


Asked on 4/07/08, 5:06 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: land lord tenant

I have been unable to find any law covering this circumstance.

However, I think a small claims judge would honor the ancient law of estoppel.http://en.wikipedia.org/wiki/Estoppel

As to case law, there is no way I can do this research for you. I donate enough time to this website, as is. Go to "Ask a Librarian"http://www.247ref.org/portal/access_law3.cfm

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Answered on 4/08/08, 1:29 pm


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