<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DCRUZNLBC:
I just left a message that was pretty vague. I am living with my friend for about 3 months. He is on the lease. I am not on the lease. He agreed that I should pay half of the bills for this apt. I have been doing that for the whole 3 months. He wants me to move out because I am not doing any housework. He says that he can have me removed from the apt for any reason he see's fit.
Do I have any legal rights to stay in apt with my roomate and I making a verbal contract for rent.
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My response:
Did you read my answer? I don't care whether or not you're on the lease, and the law doesn't care either -- it doesn't matter. You are still a tenant in possession.
If he pushes you out the door without a 30 day Notice, or throws you out before the 30 day Notice expires, he's on the hook for some severe damages. Tell him you're seeing an attorney about this matter.
Civil Code Section 1946.
"A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an
agreement at the time such tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by
certified or registered mail addressed to the other party. In addition, the lessee may give such notice by sending a copy by
certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of such notice or by delivering a copy to the agent personally."
IAAL
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[This message has been edited by I AM ALWAYS LIABLE (edited June 01, 2000).]
