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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33802
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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My family rented 2 rooms from a guy here in moorpark month

Customer Question

my family rented 2 rooms from a guy here in moorpark month to month no contract for rent utilities of which we paid both on time now he is moving out sad we have to be out by the first of which we are not ready.
my question:what rights to we have
desperate in moorepark
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you are subleasing rooms from the original tenant, then you would be a month to month tenant under an oral tenancy agreement and the original tenant would have to give you a written 30 day notice to terminate your tenancy before they could then evict through the courts to force you to leave.

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So if they haven't given you any written 30 day notice, then they can't force you to leave, even if they move out. If they move out and you stayed, then the landlord would have to pursue an eviction action against the original tenant and include all unknown occupants in the unlawful detainer complaint in order to force you to move as well.

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With all that said, until either the original tenant or the landlord got a judgment from the court for unlawful detainer against you, then they couldn't force you to move. It will likely take around a month for the landlord to evict through the courts if the original tenant moves out and the full rent is unpaid.

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thanks

Barrister

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