Q: I have lived here for 8 years I paid when I could, but they're is no lease. My roomate who has the lease disappeared
For 3Weeks. And changed the locks, so I been staying in garage, he shows back up and says he's moving get your stuff and get out. Doesn't he have to give me a 30 day notice? Something? I've lived here almost 8 yes, and get mail here.
A: In California, even without a formal lease agreement, tenants are afforded certain rights under the law, including the requirement for proper notice before eviction. Given your situation of having lived in the property for 8 years and having established residency by receiving mail there, you are likely considered a tenant under California law. Your roommate, acting in a landlord-like capacity by changing the locks and telling you to leave, is required to provide you with a written notice before evicting you. For tenants who have resided in a property for more than one year, California law typically requires a 60-day written notice to vacate. However, since your roommate is not the property owner but rather the leaseholder, this situation is somewhat complex. Regardless, you should still be entitled to some form of notice.
A:
In California, even if you don't have a written lease agreement, as a long-term resident who has been paying rent, you're considered a tenant under the law. This status grants you certain rights, including the right to a proper notice before being required to move out. Given your situation of living there for 8 years, your roommate (acting as a de facto landlord in this scenario) is required to give you at least 60 days' notice before eviction, not 30 days, since you've lived there for more than one year.
The act of changing the locks on you without notice is also not permissible under California law. Lockouts and utility shutoffs to force a tenant out without going through the legal eviction process are considered illegal acts of self-help eviction. If you're locked out or denied essential services, you may have grounds to file a lawsuit against your roommate for illegal eviction practices.
Since you've been living there for a significant period and receiving mail at the address, you have established tenancy rights. It's advisable to speak with an attorney who can help you understand your rights and the next steps you should take. You might also want to contact local tenant rights organizations for advice and assistance. In the meantime, document all communications with your roommate and any actions they take against you, as this information could be crucial in any legal proceedings.
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