What to do if my roommate wants to kick me out for using the kitchen too late at night?

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What to do if my roommate wants to kick me out for using the kitchen too late at night?

I am not on the lease but have paid the full months rent and he told me if I am not out in 3 days he can throw my stuff out and call the cops. I have not done anything illegal. This guy is nuts. What are my rights? I have paid up until the 1st of next month.

Asked on September 6, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You say you are not on the lease. Then the issue is, who do you rent from? If you rent from the landlord, your roommate may not evict you; only your landlord may evict you. If you rent from your roommate (i.e. he's the tenant, you're a subtenant), he can evict you on 30 days notice if there is no written lease--but NOT on 3 days notice (other than for certain good cause, like nonpayment of rent). Also, he could only evict you through the courts; if he simply throws your belongings out, he will have committed theft or vandalism as well as illegal eviction and you could sue him (and potentially call the police). The police cannot evict a tenant on the say so of another tenant, so you should have nothing to fear in that regard.


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