what happens if I never signed a lease, and I only payed a deposit? I am being asked to leave by my roommates?

My roommates are asking me to leave. I am late on my payment, but have yet to recieve a legal document, and meet the landlord.

Asked on June 4, 2009 under Real Estate Law, California


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  You are a month to month tenant since you do not have a lease.  Your roommates can ask you for a deposit to cover any damages to your living area, however, it must sit in an interest bearing account and be refunded to you after you leave assuming you do not cause damage to the apartment.  your roommates may only make you leave at this point by serving you with eviction papers.  If you fail to leave after receiving eviction papers, they can have a judge order you to leave after going thru an eviction action - all of which can take 2 months or so to be processed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.