I signed a written rental agreement (which has no eviction clause) with roommate on the sole condition she verbally stipulated to myself and management (with whom she holds and expired lease) that she would vacate the apartment within 6 months. I had an agreement with a friend to return from overseas (prior to her departure) into the apartment as my new roommate and sign a lease upon her return and the old roommates agreed upon departure. Although she also informed my friend she would be leaving, the 6 months have passed and she suddenly changed her mind. She now has served me with a 30 day eviction notice claiming herself as my landlord which it does not state on my rental agreement. Do we have any rights in this matter?
Intellectual Property Law Attorney
While I cannot give you legal advice in this forum, your question is difficult to follow. Your rights are governed by the written documents. I do not believe from what you have stated that "verbal stipulations" are going to mean anything here if that is your real question.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
It is likely your relationship in this tenancy is a "subtenant". If so, a "tenant" has the right to evict a "subtenant", just as a "landlord" has the right to evict a "tenant".
You will need to consult with an attorney to ascertain your specific rights since Avvo isn't a substitute for getting your own attorney.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.