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.

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • 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.

Justia disclaimers below, incorporated herein.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.