Legal Question in Real Estate Law in California
When I moved into a room of a homeowner and there was no rental or lease agreement written what are the laws regarding me moving or her asking for money when I am not there at the house? Im out of state right now-which is something she already knew I would be doing. I have been communicating with her about my situation-everything was fine. Now she has sent me a pay or quit notice. What are the laws concerning this? Also my belongings are still there at the house, can I still collect them?
2 Answers from Attorneys
When you move into someone else's home, you might be a free guest, a lodger, or a tenant.
Although the facts aren't very detailed, I'd guess that you are (or were) a guest, since there was no written, oral or implied agreement that you should pay anything for the privilege of staying there. (If there were, you'd probably be a lodger).
(By "guest," I mean someone like a relative or friend of the owner, who is invited to visit and stay for free, rather than in the sense that someone who spends a few nights at a hotel would be called a guest of the hotel, even though paying.)
As a guest, staying for free, the owner has a right to tell you to leave when they get tired of you and your welcome is worn out. They don't need to give you any of the termination-of-tenancy kinds of notice specified in the Civil Code, and if you don't leave promptly, you become a trespasser.
If you have moved in with some baggage, you have a right to retrieve it.
You need to provide more information as to what you were paying, if anything, etc.