Legal Question in Landlord & Tenant Law in California

Greetings. I am currently a tenant renting a room from the landlord's own home. There was never a contract signed it was just on a month to month basis. I just want to know what my rights are. She snoops in my room when I am gone and when I asked her about it she said she has the right to go into my room because its her home. She has limited my shower time and said I can only do one load of laundry per week. She also is trying to charge me $25 extra because she said I use too much gas and water. She has verbally insulted me and yells at me often. On December 8 she told me she no longer wants me there and already is showing my room to prospective clients. I do plan on moving out but on the 18th and I normally pay rent on the 15th. Am I required to pay her those extra days and the $25 dollars? and by law how much time must she give me to move out? THank you


Asked on 12/11/09, 3:13 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

In your case, that yo are renting a room in her house instead of an aprtment unit should make no difference. If yuo have been there less than one year, she must give you 30 days written notice. If the shorter notice causes you damages, such as your having to rent a hotel room while waiting to find an apartment, you could sue her for that. point that out to her and that having rented the room out it is no longer her right to enter it whenever she wants. If it were an apartment building which she owned, could she go into each unit whenever she wanted to? She has to give you reasonable notice, normally 24 hours in advance, to show your room to possible tenants.

On the 15th, I would give her the pro rata rent for the 4 days more you will be there provided she promises to retun your security deposit. Since the issue of usage of gas wass not part of the rental agreement, she is not entitled to charge you for that.

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Answered on 12/18/09, 8:02 pm


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