If I’m not on the lease but have been living here for 6 months to the landlords knowledge, can he still kick me out just like that?

His reasons for wanting me out are this, there is a neighbor that claims I am constantly causing “disturbances,” these being me walking by his house on the way to or from mine, singing heavy metal. Yesterday morning he filmed my friend and I at 6am walking down the street arguing about comic book characters, we were loud, but we hadn’t considered it to be a problem because he was obviously not asleep, he was standing outside his house. The landlord expressed the interest of adding me to the lesse in march or even february but since has done nothing except change his mind and kick me out.

Asked on July 9, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are living in a rental with the landlord's knowledge, but your name is not on the written lease for the unit but are paying rent, for all intents and purposes you are a tenant on a month-to-month lease.

If the landlord wants you to end your lease, all he or she needs to do is serve you with a thirty day written notice of termination per code even if you have resided in the rental for six months.

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