Hi,

My name is Austin and I currently reside in California. I recently moved in with a guy (lets call him Chris) recently and it didn't work out so well between the two of us living together and now I am left with no job or place to live and I need help with a question about what I have entitled to me. The place used to be an office space and it is on the second floor above a Deli. The office space has four rooms (previously offices) and two half bathrooms (one has the sink and toilet the other has only a shower). Chris is renting the whole office space from a friend of his but for me Chris played the role of "landlord". The agreement between him and I was that my "lease contract" was going to be on a month to month basis and I would have to sign a new contract each month (and I would be informed if anything had been changed prior to signing). I moved in July 13th and paid him $400 (which is half the monthly rent for the whole office space and agreed by both of us that would be my monthly rent) for the first month (July 13th to August 13th). When I paid him he wrote out a receipt that had the dates (July 13th to August 13th) on it as well as the payment ($400) and both of our initials. On Sunday August 2nd I was with a friend and not at home when Chris decided that he no longer wanted me living there with him and he sent me a text message telling me to be out by the 12th, but after about 30 minutes of thought he changed his mind and he sent me another text message telling me that the locks had been changed and I could no longer come to the house and to let him know when I wanted to pick up my belongings so he could be there while I packed up and left. I need to know if I am entitled to any of my months rent payment back. My mother told me that I need to calculate my prorated rent and add up the 10 days of the rent that he cut short for me and that would total out to be the amount that he owed me. Is that true? If so, how would I calculate my prorated rent owed to me?

He illegally evicted you. He was supposed to give you 30 days notice that your tenancy was terminated and it was illegal for him to change the locks without a court order.

Sue him for the $400 you already paid him, plus another $400 for the 30 days notice he was supposed to give you, plus your moving expenses.

Chris committed an illegal eviction which is against the law. Even as a month to month tenant, you are entitled to notice of one full rental period.

So I would call Chris and tell him that he is violating Ca law (see California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/terminations.shtml))
That if he does not let you back in the apt and give you new keys you will sue him for unlawful eviction. Tell him you will move as soon as you can find a new place.

Well he didn't actually change the locks even though he said he did because today I had a friend drive me over to the "apartment" (if you will) to get my things and when I got there the keys still unlocked the door to the apartment and the key that I have for my room door. So when I left I just put my room key on the counter and I locked his apartment door and slid the key under the door back into the apartment. Even though he never changed the locks I had been under the impression that the locks had been changed because that is what he told me

Chris committed an illegal eviction which is against the law. Even as a month to month tenant, you are entitled to notice of one full rental period.

So I would call Chris and tell him that he is violating Ca law (see California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/terminations.shtml))
That if he does not let you back in the apt and give you new keys you will sue him for unlawful eviction. Tell him you will move as soon as you can find a new place.


As stated in my response just before this I have already collected my belongings seeing as my keys still worked but once again I now am left with no home and don't know what to do.

He still evicted you illegally. Sue him.