Legal Question in Landlord & Tenant Law in California

Rental Leasee vs Leasor

In the state of California, I was invited

by a friend to come visit because of a

distressed situation that my life is in

(my child and I moved in). My friend

(who's the lease holder) decided to

move out of his place based on a

conflict he had with his roommate (not

on the lease). In 48 hours he left.

Being still in a distressed decision, what

are my legal rights (if any)?


Asked on 11/13/08, 5:33 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Rental Leasee vs Leasor

Your question is a bit confusing, but if I understand it correctly, then you may have some rights as a sub-tenant. Have you paid any rent or contributed towards the household costs? If so, you may be able to make an argument that you are a tenant or sub-tenant, and as such, cannot be evicted without notice of termination of your tenancy. It is also going to depend upon the intention of the parties. From the landlord's perspective, you moved in (I assume) without his permission, and as such, he's probably going to move to get you out pretty quickly. In no event do you have better than a month-to-month tenancy, and as such, you can be evicted with a 30 day notice to quit the property. I'd suggest that unless you can contact the landlord and reach an agreement to let you take over your friend's lease, you need to start looking for a place to live.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/13/08, 5:52 pm


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