Legal Question in Real Estate Law in California

Leasing question

My situation is my hushand and I moved in with a friend of ours that was renting a house. We have ask and ask to be put on the lease and at first he said that he would tell the landlord to put us on the lease then when asked again he give us the run around. Then ask one more time and was told by him that we couldn't be put on the lease because we are on a month to month rental. Which I find very hard to believe because our last apartment was a month to month and we have to be all on the lease. Now every now and again he likes to threaten to kick us out because he dosen't like the way my husband cleans or something silly like that. Just the other day he told us that if I am pregnant that we would have to move out because he doesn't want to go through that. I would just like to know what are rights are, since he is just are roommate does he have the right to kick us out? We have always paid our bills and rent on time. We have been there for almost three years now. Is it legal for him to not let us talk to the landlord or not let us be put on the lease? Thank you for any help you can provide.


Asked on 12/18/06, 2:15 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Leasing question

I do not understand why you might believe that you have any rights, given that your friend is the legal tenant. There is no requirement that he add you to the lease, and most people would prefer not to be obligated on the lease. If it is a month to month tenancy, what is the benefit? As it is, your friend can ask you to leave on thirty days notice, just as the landlord could ask him to leave. Your friend is within his rights to give you notice to leave and he need not have a reason. With respect to your wanting to talk to the landlord, the rental agreement is between your friend and the landlord, and you have no standing no matter how long you have lived there. In fact, the landlord might decide that he only wanted to rent to one person and that he does not want you and your husband there and then terminate everyone's rights to be there. I would recommend that you not interfere with your friend's tenancy.d You may be best served by finding your own place and enter into your own agreement.

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Answered on 12/19/06, 1:00 am


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