Legal Question in Real Estate Law in California

We just recently moved in with my girlfriends mother, we were told that everything was okay by the landlord because she made three times the monthly rent. We (Girlfriend and I) were told by her mother that we just had to fill out an application just for legality and that the application didn't matter. When we turned in the applications, the landlord said that it really didn't matter about the application and that she was just going to put them on file. A couple days passed and her mother came in and handed us a couple pieces of paper, which where rental reference checks and she wanted our id and ss card copies and proof of income. The landlord still said that it didn't matter just was legality issue and that everything was okay. Well, today on Sunday the 2nd we were just told that our applications were denied and that we had to move. Even after the landlord stated that all the paperwork was just a legality issue and everything was okay and we were okay to live here with her mother. What is our rights, seems to me like we have many rights to where this is concerned, does anyone have any help or advice???


Asked on 1/02/11, 1:24 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

What kind of rights? Tenants do have rights, but are you tenants? Sounds sort of like you moved in first, then negotiated with the landlord as an afterthought. In any case, I'd want to hear the landlord's side of the story before saying you have established tenancy in this place along with mom, or that you are just her guests. One way or another, if the landlord decides it doesn't want you there, being tenants would buy you an extra 30 days as opposed to not being tenants. Furthermore, mom may get herself in trouble for taking in two subtenants without prior OK.

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Answered on 1/07/11, 1:58 pm


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