Q: does the following count as an eviction notice.
“ You are not a tenant at the apartment. It’s not my apartment I do not live there and you stayin there is not allowed. I am not a tenant and you are not one either there was no rental agreement between us and you are in MY apartment against my wishes. This is an unlawful occupation of my apartment and I’m formally asking you to leave and notifying you that you have no right to stay there” this message is from my ex who used to share the apartment with me. he no longer lives here and ive lived here over 6 months. we used to split half and half rent and now im offering to give him full rent in cash so he can pay our landlord. he refuses to take the$. im unable to pay her due to the fact the lease is under his name and i have no written lease agreement. i asked him to write a lease agreement when i first moved in and he refused despite me paying rent monthly. am i legally a tenant? am i allowed to stay here still? does the 30day need to be written by the landlord or is his word enough?
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A:
Based on the information provided, there are several important points to consider:
1. Tenancy status:
Despite not having a written lease agreement, you may still be considered a tenant under California law. If you've been living in the apartment for over 6 months and paying rent regularly, you likely have established a month-to-month tenancy.
2. Eviction notice:
The message from your ex does not constitute a proper eviction notice. In California, eviction notices must come from the property owner or the authorized property manager, not from another occupant or former occupant.
3. Right to stay:
As a potential tenant, you have the right to stay in the apartment until properly evicted through legal channels. Your ex cannot unilaterally force you to leave without following proper legal procedures.
4. Eviction process:
Only the landlord (property owner) or their authorized agent can initiate an eviction process. This typically requires serving a proper written notice (usually 30 or 60 days for a month-to-month tenancy without cause) followed by an unlawful detainer lawsuit if you don't move out.
5. Rent payment:
It's concerning that you're unable to pay rent directly to the landlord. You should attempt to communicate with the actual property owner or management company to establish a direct rental agreement or payment arrangement.
Recommendations:
1. Try to contact the actual landlord/property owner to explain your situation and attempt to establish a formal tenancy agreement.
2. Document all rent payments and communication with your ex and the landlord.
3. If threatened with eviction, seek legal advice from a tenant rights organization or an attorney specializing in landlord-tenant law.
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