Roomate Living In Apartment Without Landlord Knowing? Do I Have Any Rights?

[coreythomas]

Hi,

so I have been living in a place now for 3 months in the Los Angeles Ca area without the landlord knowing. When I first moved in my roommate told me he would tell the landlord and put me on the lease. But turns out he never did tell the landlord and now the landlord found out im living at the apartment and he wants me out in 5 days.

Do I have any rights? Me and my roomate signed a little written agreement on paper. But it was not an offical document...just some scribble scrabble really that says how much I paid and how much I owe etc. Then we both signed it.

Anyways so im wondering what are my options here? I dont have enough money to move out because I dont have a security deposit for the next place yet. I only got 5 days notice and this doesn't seem fair.

I know I should have checked to make sure I was added to the lease so thats my fault. So basically the landlord never knew I was living here.

But I read everyone deserves a 30 day notice. So im wondering, if I decide to stay here for say another 15 days can the landlord do anything about this? Do I even have to pay or what? My roomate still owes me security too.

If anyone could give me some feedback I would be grateful Thanks

 

[jacksgal]

That "paper" isnt worth the paper its written on. The only who can agree to a new tenant is the landlord! Now if you fail to leave in the five days given he can take legal action that will make future rental near impossible. You might find some help at the link below. I am unsure on timeline but if landlord wants you out then you need to go

http://www.dca.ca.gov/publications/landlordbook/index.shtml

 

[mightymoose]

All the landlord can do after 5 days is proceed with your eviction, which takes time. Police won't force you out if they are called. Your best bet, as said above, is to move along so that you don't get an eviction on your record and make it harder to find another place.

Your roommate violated the lease by allowing you in. If you do not move out, the landlord may choose to evict both of you. Your roommate could potentially be on the hook for any costs that the landlord incurs in the course of removing you from the residence.

It will get messy fast, and only you can prevent that.

As for your rights, you do have the same protections against illegal eviction as the tenant does. The landlord must get an eviction to legally put you out.

 

[coreythomas]

thanks guys. But how can he put an eviction on my record if he only has my name and nothing else? Also so basically he cannot throw anything out. How long would I have before he could kick me out or something? I kinda just need to stay as long as it takes to find a new place.

So I guess im safe for the next say 20 days? Thanks

 

[army judge]

thanks guys. But how can he put an eviction on my record if he only has my name and nothing else? Also so basically he cannot throw anything out. How long would I have before he could kick me out or something? I kinda just need to stay as long as it takes to find a new place.

So I guess im safe for the next say 20 days? Thanks

It usually takes a month for most evictions to get to court (give or take).

Your 3 week estimate is realistic and safe for you to get other lodgings.

 

[jacksgal]

Keep in mind once he files the unlawful detainer (beginning of eviction) its now on record. Even if you leave before it goes to court

 

[coreythomas]

can he file an unlawful detainer without serving me my 3 day notice? So far he has only verbally told me to leave. I dont want an eviction on my record.

 

[army judge]

can he file an unlawful detainer without serving me my 3 day notice? So far he has only verbally told me to leave. I dont want an eviction on my record.

No, notice must first be given that he wants you to vacate the premises.

If you do not comply, then he can file for eviction.

But, if he doesn't know who you are (or your details), it'll only go against your record IF your pal rats you out!

 

[mightymoose]

Almost certainly, at some point the police would be called and they would contact you and advise you of your options. The landlord would be able to get all the information necessary from that contact (it would be in any written report which the landlord may obtain copies of).

Also, just because the landlord can't legally throw you out without an eviction doesn't mean that he won't do it. You could find your property out on the curb or the locks changed, and you wouldn't have any right to go back in..... however the landlord would be liable for civil damages if he did this. It would be up to you to know what you need to do to be compensated for the illegal eviction.

 

[coreythomas]

thanks guys. I never got a official 3 day notice. I only got a verbal command over the telling me to move out asap. So could he possibly already have filled an unlawful detainer on me without me even knowing it? He told me to leave about 7 days ago and I have not.

So do you think its a real possibility he might just change my locks or throw my stuff out? Thanks

 

[jacksgal]

If he does it will be unlawful

 

[coreythomas]

The filling of eviction would be unlawful or changing the locks/throwing my stuff out?

 

[mightymoose]

He is not supposed to throw you out... doesn't mean he won't do it.

It sounds like even if you were not given a written 3 day notice he may still begin the eviction. If he does not do it right, it is up to you to point out the error. You aren't familiar with the process, so even if the landlord does it wrong he might get what he wants.

Bottom line- you need to get out asap before you do get evicted, or before the lanlord deposits your property in the county landfill.

 

[jacksgal]

Three day notices (or the like) do not have to be served. In fact the verbal was likely enough