Does my room mate have the right to evict me?

Question

I moved in with a friend around 2 yrs ago. She was a few months behind I agreed to move in and pay half the rent. For about the first year she would ask me for my rent and she would turn it in. For the last past year I have been giving my half to the landlord. And she gives him her half. Neither of us have signed a agreement or have gave a deposit for renting this unit My friend now mentioned to me that she is having her grandson move in and hes going to move in my room that i should start looking for a place. I have looked for place. Meanwhile I want to know does she have any right legally to put me out. I have NEVER been late with my rent . The landlord is the type that would not want to be put in the middle. I feel like telling her if she needs more room she should look for a place. My question is where do i stand legally and how much time should I be given to move? Also my rent is paid up until 12/08. Can the owner give me back my money after he already excepted it?

Answer 1

if you aren't on the lease, then you are renting illegally.  both of you can be kicked out ASAP.

Answer 2

The laws vary from place to place, but to the best of my knowledge (at least In california....No she cannot kick you out. After you have lived there for more than 30 days you're a tenant. Only the landlord can kick you out at this point and the landlord would still have to go through the same eviction proceedings they would have to, if you had been on the lease and it expired. Basically what you have going on is a sublease situation. She is the master tenant and you are renting from her...but youre payinig the landlord....since there is no lease you are equals in the unit...especially since youre now paying your rent directly to the landlord! You have just as much right to be there as she does at this point! Perhaps you should speak to the landlord about creating a lease...check with your local fair housing laws...

and Good Luck!

Answer 3

No sane landlord accepts 50-50 rent from roommates. And no sane tenants pays so far in advance. Both facts muddy the water.

If she wants you out, tell her she must refund the October and November rent and you will be out by October 8 (which is your 30 days notice). No matter the legal rights I wouldn't want to live with a roommate if I am unwelcome there.

P.S. If she told you this before August 8 then the 30 days started then and you should be out by September 8 and get a refund (from her) for September, as well.

Answer 4

Since you and your roomie are paying rent without a written lease, the law considers this to be a month-to-month rental arrangement. Either you, your roommate, or the landlord can end this arrangement with a 30 day notice. At the end of your rental arrangement, your roomie can leave, or ask you to leave, or both. However, she can not initiate a LEGAL eviction, since she does not own the place. An illegal eviction or a lockout is considered a serious offense, which would cost her dearly.

At the end of your rental arrangement you should settle with the landlord. If there is an overpayment, you are absolutely entitled to get a refund.

Make sure you give your 30-day notice to your roommate and landlord in writing, if you decide to do so. Insist on same from her to avoid future disputes.

Answer 5

If you paid your half until 12/08 then you can stay. She can't kick you out. But you are both renting illegally so you have no legal stance. I doubt she's much of a friend if she's going to just kick you out like that, so I wouldn't want to stay. But you could tell her to look for a place. Neither of you can legally kick one another out because legally neither one of you lives there. If I were you I'd talk to the landlord and have him draw up a contract for you.

Answer 6

neither of you have a legal right to do anything w/o a lease.

so if you don't want to move out just tell her you're not gonna, or that you'll let her know if and when you decide to move out. She can't make you leave b/c she doesn't own the place, only the owner can make you leave.

If you paid up till 12/08 then you should ask for your money back, but w/o a lease or reciepts the landlord could just s***w you out of your money.

If he's not that type then either ask the landlord or your roommate to reimburse you for you money.

Answer 7

Chances are the landlord isn't going to return your money for the months you haven't lived there yet.  It sounds like she is the one on the rental agreement therefore she needs to serve you with a 30 day notice.