Stockton, CA asked in Landlord - Tenant for California

Q: I rent a room in someone's home. If I can't pay rent due to COVID-19 shut down can I be kicked out?

I told the owner I can pay in 10 days when I get my EDD money. So do I have the right to stay if he tries to kick me out? My job was shut down for a second time due to the virus.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: Sorry to hear about your situation. As a renter, you have certain rights to a notice terminating your tenancy. The LL has to give you a 3 day notice to pay rent or quit, and in your situation, a 30 day notice to terminate the tenancy whether you pay in full or not. There may be limitations on whether he can evict you at all due to the Governor's orders and other ordinances protecting renters during this crises, but evictions are the next big wave of problems. You should take your rental agreement and copies of all correspondence to a local attorney specializing in Tenant's rights, for a review and evaluation on what to do next. If you cannot afford one, you should look for the local legal aid society and contact your County Bar association for information about pro bono legal services for a tenant.

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