Legal Question in Real Estate Law in California

So, Ive been living in a Company owned apartment complex now for 4 months. I have paid rent, received mail, and helped with utilities for the last 4 months. Yesterday I asked the company who owns our complex if they could add me to the lease. After that they called my roommate, who is on the lease, and basically told him about my request. My roommate now things that I "went behind his back" to add myself to the lease and feels "Disrespected". Things went south and now my roommate is giving me 10 days to move out, with no notice from the apartment owners. I told him I need atleast 30 days to find a new place and he basically said "sorry cant do it, be out by the 1st."

WHAT DO I DO HERE?! I cant just be in a new place in 10 days. Its Oct 20th and he wants me out Nov 1st. Can he do this?

I called the apartment complex owners, The Mendez Company, and the guy basically told me there is nothing he can do as far as letting the roommate know I need more time. Are their laws protecting me here?


Asked on 10/20/16, 6:44 pm

1 Answer from Attorneys

You have no legal rights as between you and the apartment owner. You have no legal relationship with them if you are not on the lease. Your legal relationship is entirely with your roommate. Legally you are a boarder in the roommate's home. You are not a subtenant because he lives there too. That is the main distinction between a boarder and a subtenant when a tenant has someone else living in the apartment they rent from the owner. As a boarder you are entitled to as much notice as the time between each rent payment you make. So if you make a rent payment every month, you're entitled to 30 days notice. If you pay weekly, you get a week to move out, etc. Code Section 1946.5 If you fail to leave by the end of the notice period you can be arrested for trespassing. Penal Code Section 602.3.

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Answered on 10/21/16, 7:46 am


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