Legal Question in Landlord & Tenant Law in California

It appears that part of your post got jumbled, but I think I can gleen from this what you are asking. My assumption is that you are renting a room from someone who is renting a home. The person renting the home has failed to pay the rent, and has now been served with a three day notice to pay or quit. Your options are very limited, as I assume you did not obtain the landlord's approval for you to sublet the room? In any event, because you are not on the lease, if the true tenant (from whom you rent) fails to pay the rent, then his tenancy can be terminated. Your tenancy will also be terminated by virtue of his because you have no greater rights than him.

You can pay the full months rent within the three days, and stop the eviction. Then, you will have to worry about getting the money back from the person you are renting from. I don't suggest this as you will not likely get your money back. Once an eviction is filed, a "Prejudgment Claim of Right to Possession" will be served with the Summons and Complaint. If you fill that form out, and file it with the Court, you will now be named a party to the eviction, and can present defenses you may have, if any, to the eviction. Your payment of part of the rent to the tenant is not going to be a sufficient defense to let you stay. The landlord does not have to bifurcate the lease into your part, and the other tenant's part - its all or nothing. I don't recommend you do this because you will not be liable for the judgment for failing to pay the rent. The best thing you can do is find a new place to live, and move before the Sheriff comes to lock everyone out.

*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. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."