Legal Question in Real Estate Law in California

Subject non-lease eviction
I write this from California. I moved into my brother's friends apartment (built 1967 in Los Angeles) 8 months ago. I am not on the lease and I do not have any interaction with the landlord. I do pay rent and share all of the costs of the apartment with the friend who is on the lease. I had a falling out with my roommate and he told me that he wanted me out in 30 days. Can the person on the lease (the renter) legally evict the renter who is not on the lease? Can he force me to move eventhough I have not done anything illegal and have paid all of my bills on time? Just wondering if you had any experience with this, any/all advice/expertise is greatly appreciated.

Am I considered a renter if I shared all of the costs (rent/utilities), for 8 months? Or am I simply forced out by the person who is on the lease?

Asked on 6/04/08, 5:36 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Subject non-lease eviction

Sounds to me as though you are a tenant of the tenant, i.e., a subtenant. As such, your roommate is your landlord and has all the rights and obligations that go along. It also sounds as though you are month-to-month, and therefore your tenancy can be terminated on 30 days' notice. If you remain after 30 days, your possession is unlawful and your roommate can take the next step, which is an unlawful detainer lawsuit.

It is true that you have no legal relationship with the prime landlord here, but that is largely immaterial.

The alternative to being classified as a subtenant is being a guest. Since you pay rent, you couldn't claim this status, but if you were a guest you would have even fewer rights. An unwelcome guest can, after reasonable notice, be removed as a trespasser.

Answered on 6/04/08, 10:00 pm

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