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Old 05-20-2013, 11:39 PM
 
Location: So Cal
10,032 posts, read 9,509,010 times
Reputation: 10454

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You would want to talk to an expert. But what it seems is you can show residency with the utilities in your name. That will cover you for the short term, as the landlord would have to go through legal channels to evict you. Since you don't have a lease, that's the area an expert needs to advise you. Go post this in the real estate section under rentals.

Good luck.
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Old 05-20-2013, 11:40 PM
 
4,538 posts, read 10,631,284 times
Reputation: 4073
Quote:
Originally Posted by Andraya11 View Post
I moved in with someone over a year ago... I'm not on the lease and roommate moved out and said i can keep the apt... The landlord had knowledge of me there but now that he wants to remodel..so He says he had no knowledge of me there and my roommate violated his lease agreement by having me there and i have to move p.S we had a verbal agreement and the utilities are in my name also what can i do
What city do you live in? It matters.
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Old 05-20-2013, 11:42 PM
 
8 posts, read 17,710 times
Reputation: 21
Thanks
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Old 05-20-2013, 11:53 PM
 
43,011 posts, read 108,061,041 times
Reputation: 30721
Quote:
Originally Posted by Andraya11 View Post
Okay thanks because im going to fight it..
I don't know California law. This is how it would work where I live. If there is no lease, it's a month to month lease. With a month to month lease, the landlord can ask you to leave at anytime via giving you 30 days notice. So even if you prove that he was taking your money, you are only proving that you are on a month to month lease and you will have to move anyway. Save yourself the hassle and start packing. He doesn't want you there, he doesn't want you there. You'll be out one way or another.

I just looked up how month to month's work in San Francisco.

If you have lived there over a year, he is required to give you 60 days notice. If you have lived there under a year, he is only required to give you 30 days notice. Basically, you're going to fight for an extra 30 days, not the right to stay there indefinitely. IMO, you'd have to prove that you've been there for over a year. It can't just be your word. Either way, you're moving soon so focus on finding another place to live instead of on fighting a battle you can't win.

Rights for Month-to-Month Tenants | Home Guides | SF Gate
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Old 05-20-2013, 11:57 PM
 
43,011 posts, read 108,061,041 times
Reputation: 30721
I just glanced through what you wrote in your first post. YOU'RE LUCKY! He's letting you keep the rent money so you can find another place to live. He could have continued collecting rent from you. Don't you realize that he is doing you a favor? He could bleed you of everything he can get from you and still make you leave. By not accepting your rent money, he is providing you with a way to afford a security deposit on a new rental. Get packing.
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Old 05-21-2013, 01:16 AM
 
Location: Under the Redwoods
3,751 posts, read 7,674,702 times
Reputation: 6118
Quote:
Originally Posted by Andraya11 View Post
Okay thanks because im going to fight it..
That's going to cost you a bit of money and you will not win.
The landlord says he is going to remodel. Even if you were on the lease, you would still have to move.
If you fight it and lose, you will have an eviction on record and finding a rental in the future will be very difficult.
A verbal agreement does not make a legal agreement in a court case.
Don't fight it, you would only be shooting yourself in the foot.
Just pack up and move.
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Old 05-21-2013, 05:38 PM
 
Location: Yucaipa, California
9,894 posts, read 22,027,890 times
Reputation: 6853
Your landlord & roommate are trash. Unfortunately your landlord can legally evict you. Even if you were on the lease he could evict you. Its obvious he wants you out. Moving sucks but you have no choice. Good-luck & be glad you wont have to deal with those losers much longer.
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Old 05-21-2013, 06:27 PM
 
Location: San Diego
50,315 posts, read 47,056,299 times
Reputation: 34085
Go ahead and fight it, and lose and have that to deal with when you have to move anyway. Smart.

You are trying to stay there why? That'll show em..... or not.
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Old 05-22-2013, 01:03 PM
 
Location: Living on the Coast in Oxnard CA
16,289 posts, read 32,350,015 times
Reputation: 21891
To the OP, Please read the following and see if you have a case.

Landlord/Tenant Book Index - California Department of Consumer Affairs

http://www.dca.ca.gov/publications/l...k/catenant.pdf

You may have some rights but you will have to find a loophole that will allow it. Have fun looking. At least you will gain somewhat of an education in California Renter law.
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Old 05-22-2013, 02:37 PM
 
Location: Under the Redwoods
3,751 posts, read 7,674,702 times
Reputation: 6118
While California rental laws are favorable for tenants in most cases, and there could be loopholes, the bottom line is what is decided by the judge.
It has been my experience and having been witness to several cases, judges side with the landlords more than tenants.
The landlord in this case is totally within his rights. There really is no case.
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