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Mogli, Other/Just Looking in Tustin, CA

I am renting a room for myself and my 2 yr old son, my roommate has informed me we have to move in 12 days can he do this?

Asked by Mogli, Tustin, CA Sun Jan 3, 2010

I am not on the lease bt we had a verbal agreement and I do receive mail here. He has accepted my rent moneyfor the period 12/15/09 01/15/10 to top it off we have only been here since 11/15/09!

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Hi Mogli,
Did you pay the rent with cash or checks? Do you have any proof that you are paying rent? You can always get another place; but I think the thing you are concerned with is the time element. If your friend is being evicted the Marshall may comne in and force the reseidents out. You really should concentrate on getting another place. I may know someone looking for a roommate in Yorba Linda in a building that I own. If you need to stay in the area you are in, check out the Penny Saver, they always have ads for roommates. Get things in writing and pay the landlord next time around!
Best of Luck to You,
Connie Bramble
714-337-8718
1 vote Thank Flag Link Sun Jan 3, 2010
I'm not a lawyer, so this isn't legal advice. You need to talk to a lawyer. However:

If you are not on the lease, then you have no contract with the owner/landlord. And it doesn't matter where you receive mail.

Nor could it be argued that you are subleasing. First, all real estate agreements must be in writing to be enforceable. You don't have any document to establish that. All you have is a verbal agreement. At best, it's your word against his. Technically, from the standpoint of the lease, you're probably a "guest."

That puts you in a very weak position. However...

You don't say what the term of the lease is. (Year-long? Month-to-month?) That doesn't help you much, but if it's a year's lease (or something that extends beyond January 15), then your roommate will be in violation of the lease.

One other point: You say you've been paying your rent to your roommate. Has he been paying the rent to the landlord? Or has he been keeping it for himself. (I kind of guess that's what's been happening, and he knows he's going to be evicted.)

I also don't know what your relationship is with your roommate, or whether you might expose yourself to any harm or danger by resisting him. I wouldn't want that; you have to be the judge of how he might react to the following advice.

I'd suggest you contact the landlord. Say, in your own words, "Mr. Landlord. You know we moved in just 6 weeks ago. I like it here, and I'd like to stay. However, as you also know, my roommate is on the lease and he wants to move out on the 15th. I would like to begin leasing the property from you on that date. That way, we wouldn't have to move and you'd still have a tenant here paying rent. The alternative, unfortunately, is that he moves and I go with him."

So: Contact a lawyer. And consider whether your roommate would be OK with you continuing to live there if he moved on.

Good luck.
2 votes Thank Flag Link Sun Jan 3, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Mogli -

I'm just a bit confused - are ALL of you moving out in 12 days, or just you and your son?

If your roommate is staying in the property and has decided (for whatever reason) you need to leave, I would start looking ASAP, find another place to live and move by the date the roommate has given. Unless you have a friend who is an attorney and can fight for you without charging a fee, it's not worth it. By your question, it seemed like the roommate is staying and you were told to leave sometime around the 15th which is when you have paid him/her through.

Yes, this will be a stressful time, but once you turn the page and move out, you will be much better off.

Best of luck,

Thom Colby
Broker & REALTOR
Orange County, CA
Web Reference: http://www.thomcolby.com
1 vote Thank Flag Link Sun Jan 3, 2010
No, I do not do leases and that is a very fast need.
0 votes Thank Flag Link Wed Feb 17, 2010
should be able to do it. who is this.
0 votes Thank Flag Link Thu Jan 14, 2010
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