Can a landlord eviction a person who did not sign a lease?

UPDATED: Oct 11, 2011

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Can a landlord eviction a person who did not sign a lease?

I was put on a pay or quit notice in an apartment that I reside in with my parents. I recently turned 18 and now I was put on notice.

Asked on October 11, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good question. If you were served with a notice to pay or quit soon after you turned 18 years of age from your parents' landlord where you are residing with your parents, I see no legal basis for this notice. However, to be on the safe side, you need to carefully read your parents' lease with their landlord in that its terms and conditions control the obligations owed to them and vice versa in the absence of conflicting state law.

If you are still in high school, there is no basis for the pay or quit notice upon you just because you did not sign a lease with the landlord. Even if you are not in high school, I see no basis for the notice served upon you.

I suggest that you consult with a landlord tenant attorney about this recent turn of events.

Good luck.

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 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.

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