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I have no lease, I rent a room, my lanlord wants me out.

Asked Sep 7, 2009, 06:46 PM — 7 Answers
I rent a room here in california. I have a month to month room rental agreement. My Landlord does not live here. He rents out all the rooms here in this house. The house is falling apart and my landlord does nothing about it. I make all the repairs.

He wants me out now. He says he can have me out in a day. Can he? If I fight it how long can it take, and if I don't fight it how long can it take for me to be kicked out.

He says cause I have a month to month agreement, he can kick me out anytime.

Thank you.

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7 Answers
N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
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#2

Sep 7, 2009, 06:51 PM
What state is this?
Unless you live in New Jersey or some state that has no eviction procedure he has to give you 3 to 30 days eviction notice.
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2cute4school's Avatar
2cute4school Posts: 4, Reputation: 5
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#3

Sep 7, 2009, 06:56 PM
Quote:
Originally Posted by N0help4u View Post
What state is this?
Unless you live in New Jersey or some state that has no eviction procedure he has to give you 3 to 30 days eviction notice.

He says he lives in California.
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2cute4school's Avatar
2cute4school Posts: 4, Reputation: 5
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#4

Sep 7, 2009, 06:57 PM
Well you can sure sue him. Your back up would be that you fix all the things falling apart (make sure to have evidence) and that he's kicking you out for no reason. Even though you have no lease, your still making repairs in HIS house.
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N0help4u's Avatar
N0help4u Posts: 16,954, Reputation: 9423
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#5

Sep 7, 2009, 07:09 PM
They have 3 day and 30 day for California.
From what I understand 3 day is for if you didn't pay rent.
He has to give you a 30 day written notice.
Then after the 30 days he has to go to court and serve you with another 30 day notice.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,597, Reputation: 37026
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#6

Sep 7, 2009, 07:29 PM


Assuming you are paying your rent on time, he will have to give you an official notice to move, and then after 30 days if you don't move, he will file formal eviction against you.

Of course he could illegally evict you, merely throw your stuff out to the curb when you are not home but you can sue him if he does that
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ballengerb1's Avatar
ballengerb1 Posts: 25,641, Reputation: 11296
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#7

Sep 7, 2009, 07:48 PM
Yep, if rent is up to date he must give you 30 days notice, same goes for you when you decide its time to call it quites.
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LisaB4657's Avatar
LisaB4657 Posts: 3,490, Reputation: 2607
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#8

Sep 7, 2009, 09:55 PM


If you have been living there for more than 1 year, and if you are not behind in payment of rent, then the landlord has to give you 60 days written notice that your tenancy is terminated. If you haven't moved out after the 60 days then the landlord has to file a lawsuit for eviction.

If you have been living there for less than 1 year then the landlord has to give you 30 days written notice and if you haven't moved out by then, the landlord has to file a lawsuit for eviction.

If the landlord does not give you the proper notices and then tries to change the locks, call the police. Then sue the landlord for illegal eviction.
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