Boonville, CA asked in Criminal Law, Real Estate Law, Civil Rights and Landlord - Tenant for California

Q: If I've rented a room for over a year with receipts, am I allowed a 30 or 60 day eviction notice?

Live-in landlord. No lease or rental agreement. Strictly month to month verbal agreement. Have receipts for over a year of occupancy. Am quiet, never cooked a meal there or done a load of laundry. Upon other very recent problems, as well as unsafe living conditions, I'm now being evicted because I refused to buy communal toilet paper to share amongst other renters. Completely made up system that was never discussed with me. I bought anyways and was still given notice. The notice says it's for 30 days, but is actually dated for 28 days. I'm also not certain that 30 was even legal to begin with. Please help

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, when renting from a live-in landlord (owner-occupied property), different rules apply compared to traditional landlord-tenant situations. Even without a written lease, your consistent payment history and receipts establish you as a month-to-month tenant.

For live-in landlord situations in California, only 30 days' notice is required for tenants who have lived there less than two years. However, if you've lived there for more than two years, you're entitled to 60 days' notice. The notice period must be calculated correctly - if your notice is indeed only 28 days, it may not be valid and should be contested.

The stated reason for eviction (toilet paper dispute) seems retaliatory, which could be problematic under California law. Additionally, unsafe living conditions could potentially strengthen your position if you need to challenge the eviction. You should contact your local tenant rights organization or legal aid society immediately, as they can review your specific situation and help protect your rights. Consider documenting all interactions and conditions with photos, texts, or emails going forward.

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