My Roommate is Trying to Kick Me Out TODAY
My question involves landlord-tenant law in the State of: California
a little background - i've been living here since November 2009. I rent a room from a person i met online (i'm not sure if this is subleasing, but if it is i recall reading that these apartments could not be sublet). I pay $350 a month + utilities. I never signed a contract, and the only things we discussed that i would need to abide by was paying the rent.
This occurred around April 23rd
Basically, we had an argument, and he said "be out by june first."
I don't want to be somewhere where I'm uncomfortable, so I told him i would be out by the end of april, he replied "that's fine." (via text)
This occurred yesterday, april 27th 2010
Today was the first time that i've seen him in a week, seemed as if he was purposely avoiding me. He comes home, says Hello, walks to his room, then returns about 5 minutes later saying...
"So..you need to be out of here by tomorrow"
I reply "Well, the end of the month is on friday, so i'll be out by then"
"no you need to be out by tomorrow, i need to clean this place up and show it to potential renters."
I tell him "since i've paid until the end of the month, I have my room rented until the end of the month."
he says "well by leaving at the end of this month you're violating the contract because you didn't to give me a 30 days notice before leaving. So either you leave tomorrow, or you pay me rent for the month of May."
He then told me if i dont leave he would evict me.
He also said i'm on the lease agreement (which i think is a lie, since i never signed anything, and if he DID put my name there, would this be falsifying a document?)
So, i'm just curious as to what i can do, and what he is able to do.
This is what i am thinking:
1: He can't kick me out because i've paid my full months rent
2: We never had a contract stating that i need to provide a 30 days notice. The only contract was a verbal contract, which stated i would pay him $350 per month + utilities.
3: By asking me to leave tomorrow, is he no violating the same 30 days notice (assuming one exists)?
I'm just concerned about whether or not he has a valid argument if he were to take me to court, and whether or not he can kick me out tonight.
If anybody can offer any insight or words of experience on this topic, it would be greatly appreciated.
thanks for the time guys :)
Re: My Roommate is Trying to Kick Me Out, Can He
No, he cannot kick you out tonight.
He is required to give you 30 days written notice that he is terminating your tenancy. (See page 50 of this document.)
Quote:
1: He can't kick me out because i've paid my full months rent
True.
Quote:
2: We never had a contract stating that i need to provide a 30 days notice. The only contract was a verbal contract, which stated i would pay him $350 per month + utilities.
Irrelevant. California law dictates that whichever of you is ending the month to month contract (and a verbal contract is still a contract) is required to serve 30 days written notice.
You weren't the one that initiated the festivities. He was the one who said "Get out", so he needs to serve written notice.
Quote:
3: By asking me to leave tomorrow, is he no violating the same 30 days notice (assuming one exists)?
He is absolutely violating the law, and you are under no obligation to leave until he presents you proper written notice.
Re: My Roommate is Trying to Kick Me Out, Can He
so since he is violating the 30 days notice by attempting to kick me out today, if i were to leave could i take him to court for not giving me a 30 days notice? or can i just not leave until the 30 days are up?
if he were to take me to court for leaving early, what is the worst that would happen? would i just have to pay the $350 in this months rent, or is there the potential for additional fees?
also, is this considered subleasing? If it is, this is illegal in our building so i assume all arguments he have would be invalid since it is illegal.
Thank you VERY much for your time. it is greatly appreciated.