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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I've been brought into a upper flat by a tenant now moving

Customer Question

I've been brought into a upper flat by a tenant now moving out. The landlady refuses to sign anything in writing with me. My rent is paid for this nov. Yet she's letting another guy and his wife move in this weekend and SHE'S signing the place to them.
This is a 3 bedroom upper, but neither she or the couple will say ( in writing ) that I will stay. I'm staying, I' m getting the round a round from each.
Both know I am disabled, can't drive, and now it's winter. I'm searching through rentals, but those low income places take up to 6 months to a year. How can I get them to keep renting to me ??
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am sorry to learn of this situation.

Currently you are what is called a "holdover tenant" or a "tenant at sufferance" (the two terms are used interchangeably) and basically mean that while you have no written lease you are permitted to remain in the unit on a month to month basis as long as you continue to pay rent.

You should have exclusive use of the property (so if you had use of 100% of the unit for the rent you were paying, the landlord should not be permitted to move anyone else in, if you had use of only a portion of the unit (for example, a bedroom and kitchen privileges), you would continue to have use of that portion).

If those rights are impaired, you have been "illegally evicted" (the landlord has evicted you without notice and without a court proceeding) you can sue and recover damages.

The landlord can however terminate your tenancy with only 28 days written notice. (see: If the landlord gives you 28 days written notice and you refuse to leave within that 28 days time, the landlord can then file an unlawful detainer ("eviction") action against you in court, and you will then be subject to a court judgment for possession, and a forcible eviction order (where the sheriff will actually force you to leave the property).

I recommend contacting your local housing authority for assistance in getting a new place to live. Notify them that you do not have a place to live as your current residence is being terminated and they can assist you by placing you higher on the list.