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Old 02-17-2012, 01:00 PM
T4k T4k started this thread
 
2 posts, read 20,585 times
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So back story. I just moved into this house 3 months ago. It is owned by my friend's grandma and i am leasing it from her. Well I live with 2 other roommates. One being her other grandson. Well he just got a new gf a month and a half ago and told his grandma that they want the whole house, her doing. She complied of course and told me and the other roommate we have to be out of the house. I signed no lease so im on month-to-month (in cali). There was no written eviction notice and i have done nothing wrong, but i guess she can kick us out since there is no lease, correct?

Is there anything i can do? I have until March 1st but since no written document was handed to me I'm going to stay until the middle of march when i get a paycheck and find a new place.

Thanks =]
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Old 02-17-2012, 01:16 PM
 
205 posts, read 614,405 times
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There is nothing you can do. You are on a month-to-month lease, which means that the landlord can choose to not renew your lease at any time, provided they give adequate notice as defined by your state laws.

If you got the notice today, that's less than two weeks and I do not think that would fly in any state. Usually it's 30 or 45 days, sometimes longer. Depending on state, it is also done by billing cycle. She may give the notice today, but it is 30/45/etc days from the start of the next rental period, which would be April 1st or thereabouts.

I would suggest communicating with your landlady. Tell her that it is unreasonable to expect you out in 2 weeks, point to the appropriate state law, and indicate that you are planning to move out at the end of that legally defined period.

In the meantime, start looking for another place to live.
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Old 02-18-2012, 12:06 AM
 
Location: Astoria, NY
3,056 posts, read 1,475,163 times
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Well you can stay to the middle of March or even beyond that. She didn't give you written notice to vacate. And even if she did, she would need a full 30-45 post sending that notice to proceed with an eviction. So really have a decent amount of time.
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Old 02-18-2012, 12:21 AM
 
4,919 posts, read 10,512,638 times
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At the top of this forum listing is a sticky for State Landlord tenat Laws. Check what you state (and in CA also check any county or municipa; addendum) to see exactly what the law says must be done. Although there are some common items such as the ability to terminate month to month each month, and requiremnst to give a notice for this and that, there are some twsit and turn for each state and you want to amkes ure you know your true legal rights.

After reading the law, if you dont understand something or want to run scenerios for opinions, ask away, BUT first always make sure you know what your laws say.
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Old 02-18-2012, 01:35 AM
 
Location: Eugenius
593 posts, read 650,187 times
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If you didn't sign any lease, then doesn't that mean you are living there illegally in the eyes of the law so then the landlord doesn't have to give you 30 days notice? Yeah check your laws about this, because I'm not sure. First you say you leased it from her then you said you didn't sign anything. So do you have a lease or not? Even if it's your "friend", always get something in writing even if it's on an envelope or a napkin. You don't want to be that person that ends up on Judge Judy that she yells at for not having anything to back up your claims...
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Old 02-18-2012, 01:46 AM
 
14,078 posts, read 26,021,592 times
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As Pacific pointed out... there are some very specific requirements in California and maybe more if the unit is covered under local rent control...

My understanding is an written agreement is not required under the statute of frauds unless the length is for one year or more...

Also, the notice requirements changes after a tenant has been in possession for one year or are disabled/elderly.

It seems the owner might not be an experienced Landlord... are you paying her directly or are you subletting from the grandson... what about security and utilities?

That said... I was never want to abuse an informal relationship and would honor her request without fuss... since you are all friends in the first place.

A number of possibilities may exist depending on the specifics...

In any even... eventually you will have to go.

You might want to let your Landlord know you intend to be out and ask for a two week extension with cash in hand...
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Old 02-18-2012, 01:48 AM
 
Location: Astoria, NY
3,056 posts, read 1,475,163 times
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What sort of "friend" would give his friends who pay rent 2 weeks notice to find a new place to live? Seems he doesn't care very much about the "friendship".
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Old 02-18-2012, 01:54 AM
 
14,078 posts, read 26,021,592 times
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Quote:
Originally Posted by xxbabeechick View Post
What sort of "friend" would give his friends who pay rent 2 weeks notice to find a new place to live? Seems he doesn't care very much about the "friendship".
I didn't read anything about a two week notice...
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Old 02-18-2012, 01:56 AM
 
Location: Astoria, NY
3,056 posts, read 1,475,163 times
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He has to be out by March 1st.
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Old 02-18-2012, 02:02 AM
 
Location: Southern California
3,116 posts, read 4,021,511 times
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Quote:
Originally Posted by T4k View Post
I signed no lease so im on month-to-month (in cali). There was no written eviction notice and i have done nothing wrong, but i guess she can kick us out since there is no lease, correct?
If it's in California, and you've lived there less than a year, then all she has to do is give you thirty days notice. And it can be in the middle of the month - she didn't have to wait until the 1st - she could have served it at any point in the month.

Quote:
Originally Posted by T4k View Post
I have until March 1st but since no written document was handed to me I'm going to stay until the middle of march when i get a paycheck and find a new place.
If she gave you notice on or before February 1st, then you should be out by March 1st. Why risk her filing for eviction?
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