Can my roommates kickme out?

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Can my roommates kickme out?

I live with 2 roommates but my name is not on the lease. The current lease in question is month to month. There has been a disagreement between myself and the roommates. Do they have the right to kick me out? I pay my rent directly to the landlord. Can they do that?

Asked on October 14, 2012 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically, if an occupant of a rental premises is not on a lease they are considered to be a long-term guest (i.e. "licensee"). Therefore any tenant on the lease could file an eviction lawsuit against the occupant. However your case is a bit different. Even though you are not on the lease, since the landlord has directly accepted your rent payments then at this point in most jurisdictions you have attained the status of "tenant". Accordingly, only your landlord can evict you; your roommates cannot.


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