Do I have any rights if a roommate serves me 30 day eviction notice if she is on an expired lease and had agreed to move out?

Asked about 2 years ago - Los Angeles, CA

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?

Attorney answers (2)

  1. James Michael Slominski

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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... more
  2. Frank Wei-Hong Chen

    Contributor Level 20

    Answered . 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... more

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