Lakewood, CA asked in Landlord - Tenant, Contracts and Real Estate Law for California

Q: My landlord wants to renegotiate my our rental agreement. If I don't agree I want to keep the same. What are my rights?

Can she evict me for that ? I rent rooms in landlords home. She wants to rent rooms separately and charge utilities.If she insists on changing rental terms and I refuse can I just give my 60 day notice move out but still under original agreement?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, since you rent rooms in the landlord's home, you're considered a lodger rather than a traditional tenant, which means some different rules apply. You still have important rights, but there's more flexibility in terms of changes to rental agreements.

For ongoing month-to-month agreements, your landlord must provide written notice of any changes to rental terms at least 30 days in advance. You have the right to reject these changes, but in that case, either party can end the rental agreement with proper notice. The landlord cannot evict you without proper notice simply because you refuse the new terms - they must still follow legal procedures and provide appropriate notice (30 days for lodgers).

Yes, you can give your 60-day notice to move out while maintaining the original agreement terms during your remaining time there. Until your notice period ends, the original terms of your rental agreement remain in effect, including the rent amount and utility arrangements. Make sure to document everything in writing, including your notice to move out and any communications about the proposed changes.

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