Anaheim, CA asked in Landlord - Tenant for California

Q: If I rent a room from a tenant for 15 months with no legal paperwork. Does he have the right to make me move out?

He want me to move out immediately without giving me my security deposit back and no proper warning or notice to move out. To my knowledge I thought I had 60 days

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on California law, even if you don't have a written lease agreement, you still have certain rights as a tenant. Here are a few key points:

1. Notice period: If you've been renting for more than one year (which is the case here, as you've rented for 15 months), your landlord must provide at least 60 days' written notice to terminate your tenancy without cause.

2. Security deposit: Your landlord must return your security deposit within 21 days after you move out. They can only withhold portions of the deposit for unpaid rent, cleaning, or repairs for damages beyond normal wear and tear. The landlord must provide an itemized statement of any deductions.

3. Illegal eviction: Your landlord cannot force you to move out immediately without proper notice. This is considered an illegal "self-help" eviction. The landlord must follow proper legal procedures to evict you.

4. Tenant rights: Even though you rented from another tenant and not the property owner, you still have rights under California's tenant protection laws.

If your landlord tries to force you out without proper notice or refuses to return your security deposit, you can take them to small claims court. You may also want to consult with a local tenants' rights organization or attorney for more specific advice on your situation.

Please note that this information is based on general California tenant law and should not be considered legal advice. It's always best to consult with a qualified attorney for guidance on your specific case.

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