Legal Question in Real Estate Law in California

Renting rights with no written agreement with other house members

If 4 persons move into a rented property where only 3 of them are on the renting lease with the landlord, and the fourth is not on the lease and the landlord has no knowledge of him being on the property - what rights does that fourth person have with regards to his deposit when he only gives the other people in the house 15 days notice? Also, the fourth person in the house has no written agreement of any descritpion with any of the other house members.


Asked on 2/04/02, 2:17 pm

1 Answer from Attorneys
Wayne Smith Wayne V. R. Smith

Re: Renting rights with no written agreement with other house members

You would not have any rights to recover from the landlord, but may have some rights against your cotenants since it is an oral agreement. But if your cotenants are in effect your landlord, then you probably had to give them 30 days notice to terminate your monthly tenancy rights. You may owe 15 days rent, and you may not. The court could consider an oral occupancy agreement to require only reasonable notice, and 15 days seems reasonable. It all sounds like a wonderful small claims action.

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Answered on 2/04/02, 3:01 pm


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