Is it legal for my landlord to give me a 30-day notice prior to the expiration of our agreed to lease termwithout cause?

UPDATED: Sep 20, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 20, 2010Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for my landlord to give me a 30-day notice prior to the expiration of our agreed to lease termwithout cause?

A friend invited me to live with him and his parents in their home because I had to leave my rented apartment. They said I could live with them for 1year. They charged no rent but there were rules which I kept to (eg. chores, cleaning, quietness,s etc). No signed contract but many e-mails. I did offer them money for food/utilities which they would not take. Prior to moving in it seemed they regretted their offer. They’ve never given me a key meaning I have to rely on them to let me in. Now they are evicting me 3 months before e-mailed (not signed) move-out date for no good reason. Can they legally do this?

Asked on September 20, 2010 under Real Estate Law, California


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

Answered 12 years ago | Contributor

You are stating that you are a month to month tenant but they seem to have been treating you as an uninvited guest.  But if they are going to say that you are a month to month tenant then they can try and evict you with a 30 day notice.  Can they do this "legally" will depend on how the Judge rules your "tenancy" in this matter.  If you are going to say that you have an oral lease that expires in 3 months then you are going to have to fight them in landlord tenant court.  Problem here is that you have no key and autonomy as a tenant would and you are really only renting a room, correct?  I would seek consultation from an attorney in your area here.  You need to see if all the elements of a rental contract are met and if it really pays for you to fight them.  It may just be time to bargain down the time you have left and move on a bit earlier.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption