I cannot find any state or federal law governing the rights of subletters that have not signed a written lease in the sate of California. My question is that my roommate and I have been sharing a 2 bedroom apt for a bit more (and by a bit i mean weeks) than a year. He has decided that for whatever reason he wants to live alone. He would not give me any other reason. He cannot give me valid reasons such as late rent payments or unsatisfactory living conditions or that I am a disturbance. (My areas are alway clean and I leave very little or no mess in the common areas, and rent has been paid by check to him every month ("rent" always memoed on check) on time (and occasionally early). He's just decided he wants to live alone. He has gone on to tell me that I need to move and that he is my landlord and that I have no standing on the matter because he and I never signed a lease/contract. Prior to me moving in I had him talk to the landlord (both by his and my discretion) to insure that she would allow me to live there. She and I met, she gave the ok, and see eachother regularly (she gardens at the complex regularly).

Point: Do I have any legal standing with above said? Additionally, I have received mail and packages at the apt for the entire time I've been there. I can also prove via cashed checks that I have never failed to pay rent nor has it ever been late.

Please help?
I thank you for your time and consideration!

Pseudo Subtenant in SoCal.

excon

Hello Pseudo:

At the very best, you are a month to month tenant (most roommates aren't EVEN that). As a month to month tenant, he can ask you to leave with 30 days notice.

excon

navz22

Dear "excon"

If you are not a lawyer would you be so kind as to educate me on where you found this information?

Thank you.

LisaB4657

Excon is entirely correct. If you pay rent on a monthly basis but have no written lease then you are considered a month-to-month tenant. Either the landlord or the tenant (in your case the sublandlord or subtenant) can terminate the tenancy with 30 days notice.

You can read all about it at
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

Fr_Chuck

Yes you are a very rude person and I can see exactly why they want you to move out.

You owe excon a appology for being so rude to him.

You asked for what was your legal status.

You are a month to month rental, ( if you are paying rent by the month, which you said where)

So when in absent of a written lease, you are on a rental based on the standard payment procedure. If you paid every week, you are on a week to week, if you pay by the month you are on a month to month.

So you are a month to month renter with no written contract.
And under real estate laws a land lord with a renter, that is not on a written rental or lease is on that. This is just commom knowledge of anybody in the real esate or rental business.

So since you are on a month to month ( which can be even on a written rental) the landlord can always evict you with a notice equal to your standard rental. Some cities or areas require a 30 days notice regardless of the status of payments.

So if the person who has the lease, gives you a 30 days notice they can force you to leave.

So stop trying to be a perry mason with all of that bull with I recieved mail there, your agreement is with the other tennant, and you sub rent from him.

And since there is no signed rental or lease, you have no defense what so ever.

navz22

1) Excon, my intent was not to be rude in any manner and I appologize if I came across that way.
2) Friar, your version of rude is quite precise in my opinion. Asking excon to cite laws or rather to offer his sources was not at all rude. You are however entitled to your opinion.
3) Excon, I am not trying to find a loophole. My roomate and I are good friends. My main concern was that if he can evict me "because he wants to" than whats to stop any landlord from evicting a tenant who hasn't done anything wrong?

LisaB4657

Navz22, one of the ideas behind a month-to-month tenancy is that either the landlord or the tenant can terminate the tenancy with 30 days notice, for any reason or even NO reason. That's why it's a good idea for there to be a written lease. This protects both parties and insures that the tenancy can't be ended early for any reason other than a violation of the written terms of the lease.

navz22

Oh and Lisa, thank you very much!!! I appriciate your answer and the link you provided.

ScottGem

The reason why Chuck felt you were rude has to do with your giving Excon a negative comment. You might want to review the guidelines I suggested here:

http://www.askmehelpdesk.com/feedbac...ure-24951.html

Excon gave you a factual answer. Therefore telling him it wasn't helpful could be considered rude. You were within your rights to ask for specific cites, but not give a negative comment.

So excon, Lisa and Chuck have given you the same, accurate info. To answer your last question the only thing to stop a landlord from terminating a tenancy whenever he wants to is a written or tacit lease. A written lease will specify the term of the rental. To terminate the rental prior to that end of the term would require some cause. But, without a written lease you are on a month to month basis. Therefore EITHER of you can terminate with one months notice without cause. Remember this is a two sided street. What if you were the one deciding to move out. You would be depriving the landlord of income.

navz22

Eh regardless of Friars opinion. (although I don't nessacarily accept it - he is entitled to it) Scott, thank you for your words. I wasn't aware there were rules governing freedom of speech. Regardless. I understand what you're saying with respect to it being a two way street. My roomate was more under the impression that he could x me out on any given day w/o notice regardless of whether or not i've paid that months rent (and he'd accepted it in the form of cashing the check). Additionally, I would give (and have in the past) anyone I was living with more than due notice that I'd decided to terminate my tendancy (usually 2 months).