If I’m a 23 year old college student who lives my mother and I pay rent, do I have any rights?

UPDATED: Nov 16, 2012

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If I’m a 23 year old college student who lives my mother and I pay rent, do I have any rights?

I work and pay her $50 a paycheck for rent. Her boyfriend hates me and refuses to help her financially because of me, so her solution is to give me 2 weeks to move out. Since I am a rent payer and her child, can she just kick me out and leave me homeless?

Asked on November 16, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The fact that you are her child is irrelevant for this purpose: the law does not require a parent to allow an adult child to live with her.

If you are paying rent but there is no written lease, you are a month-to-month tenant on an oral lease. That  means that the landlord (your mother) can terminate your tenancy on a month's notice. It appears that you received too little notice, and that they therefore cannot evict you now...but they can give you proper notice and then evict, so you should look for a different living situation.

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