Legal Question in Landlord & Tenant Law in California
I have been paying rent to my roommate for the last three years.I rent a room out of a house with other roommates.I pay $350.00 to the tenant which includes utilities. well now the tenant who verbally agreed to rent me and the other roommates the room on a month to month basis has suddenly decided to move out with giving us notice.now the actual owner of the property is forcing me as well as the other roommates to move out within the next week.she says that we are unauthorized tenants who are trespassing and have no right to be there because we have no rental agreement or lease with her.can she kick us out without following the proper eviction process.or do I have the right to remain in the unit until the courts serve me with a writ of possesion.and now that I mentioned the courts in order to have to move out,the owner of the property where I currently have been renting for 3 years threatens to file a false police report stating I only use my unit for illegal gambling.which is not true.either the owner or the tenant that I verbally made the agreement with to live there as long as I pay rent on a month to month basis has had all the utilities shut off.so I have been staying over my moms to make sure I can get ready for work everyday but I go to the room I rent from Thurs to Monday.I still live there,in tact the actual owner just collected the rent from me so she is very aware that I have been living there for the last 3 years although me and her never entered a rental agreement or lease. can I be forced off the property immediately with out a proper eviction process?
1 Answer from Attorneys
If she is accepting rent from you, that makes you a tenant, and a written lease is not required. She would have to give you proper notice and bring an unlawful detainer action against you to evict you. Anything other than that would be illegal.
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