is it legal for my ex to refuse to take my rent? ive been living here more than 6 months.

Question

lease is under his name so only he can make the payment. i have cash im offering him. he used the excuse that i owe him money which he offered previously to GIVE (not loan) me to purchase a vehicle which i paid for in cash including my own money. he now is asking for it back and im offering him that money i unexpectedly owe him plus the full months rent in cash. he is refusing to take my money but still saying he is paying the rent which im uncertain as to why he will pay the rent with his own money but refuse to take my cash despite not residing here anymore. im not on the lease and he messaged me saying he wants me out. i haven’t received a 30day notice besides his text saying “get out of my apartment this is a formal eviction notice” does this count as a notice? all of this is having me very emotionally distressed and i am 2 months pregnant with his child. i am very depressed but still taking my medication as prescribed psychiatrist. will any of this help him build a custody case?

James L. Arrasmith · Answer

I understand this is a complex and emotionally challenging situation. Let me break down the legal aspects as best I can based on the information provided: 
 
1. Rent refusal: 
It's generally not legal for a landlord to refuse rent payments without proper cause. However, since you're not on the lease, your ex is technically not your landlord. This complicates the situation. 
 
2. Eviction notice: 
A text message saying "get out of my apartment this is a formal eviction notice" does not typically qualify as a proper eviction notice in California. Proper eviction notices must be in writing and usually need to be served in person or by mail. They also need to include specific information and follow certain formatting requirements. 
 
3. Tenancy status: 
Even though you're not on the lease, if you've been living there for more than 6 months, you may have established tenancy rights. In California, you could be considered a month-to-month tenant. 
 
4. Proper eviction process: 
To legally evict you, your ex would need to: 
   a) Serve you with a proper written 30-day notice (or 60-day notice if you've lived there over a year) 
   b) If you don't move out after that period, file an unlawful detainer lawsuit 
 
5. Money dispute: 
The dispute over the vehicle money is a separate issue from the tenancy. He can't use this as a reason to evict you or refuse rent. 
 
6. Custody considerations: 
Your living situation and emotional state could potentially be factors in a custody case, but many other elements would also be considered. Taking prescribed medication as directed by your psychiatrist is generally viewed positively. 
 
Given the complexity of your situation, I strongly recommend you consult with a local attorney who specializes in tenant rights and family law. They can provide more specific advice based on all the details of your case. 
 
You may also want to contact local tenant rights organizations or legal aid societies, as they often provide free or low-cost assistance to tenants in difficult situations. 
 
Remember, your well-being and that of your unborn child are paramount. If you're feeling overwhelmed, please don't hesitate to reach out to supportive friends, family, or a counselor for emotional support during this challenging time.

Q: is it legal for my ex to refuse to take my rent? ive been living here more than 6 months.