Can my landlord evict me after agreeing to wait until my disability claim is settled?

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Can my landlord evict me after agreeing to wait until my disability claim is settled?

I have a disability. I did not sign a lease with but my ex did. Then he jumped the state with my minor son and left my 20 year old in the house. I moved in to help him and filed for disability 4 months ago, however I have not paid rent during this time. The landlord has been patient and understanding but is coming down this weekend. We have no income at all and live on $190 in food stamps a month. Can she put us on the streets if I am disabled?

Asked on July 6, 2011 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your situation.  So you are living in a house in which you have no lease and the party on the lease has skipped town.  There are a lot of things here that are red flags to me.  First, I am hoping that the law in California does not give the landlord the right to assume that you have assumed the lease.  But technically you and the landlord entered in to an oral lease agreement for a month to month tenancy.  Can she evict you based upon that lease for non payment of rent?  Sure she can.  Are you protected with a disability?  That really depends on the disability.  Please seek some guidance in your area.  Good luck.


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