Results 1 to 3 of 3

Hybrid View

  1. #1
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default 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.)


    1: He can't kick me out because i've paid my full months rent
    True.

    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.

    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.

  2. #2

    Default 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.

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Can My Roommate Kick Me Out
    By marimel in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-22-2010, 01:26 PM
  2. Roommates: Can My Roommate Kick Me Out
    By NoIdeaAnymore in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 07-25-2010, 06:57 AM
  3. Roommates: How to Kick Out a Roommate
    By darkforcesbane in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 07-12-2010, 11:11 AM
  4. Roommates: Roommate Might Kick Me Out
    By ChewyP in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-16-2009, 03:28 PM
  5. Roommates: Roommate Wants To Kick Out The New Guy
    By JamesHolwell in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-30-2005, 09:43 PM
 
 
Sponsored Links

Legal Help, Information and Resources