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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9337
Experience:  Since 1983
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I've lived with my fiance & established residency

Customer Question

I've lived with my fiance & established residency here in a town home that's rented after he purposed to me I've lived 1 & 1/2 yrs here...if he goes to file a complaint to eviction against me what will my options be & what's the process?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

Do you pay rent?

Customer: replied 1 year ago.
I pay all rent & utilities out of my business account
Customer: replied 1 year ago.
A business we started together & then in Sept our attorney drew up papers where I'm 100% owner now
Customer: replied 1 year ago.
Which is a home based business using this address
Expert:  N Cal Attorney replied 1 year ago.

Are both of your names on the rental agreement?

Do you pay the rent directly to the owner?

Customer: replied 1 year ago.
I pay the rent directly to the owner/landlord with my business check or my personal acct for 1 & 1/2 years & my fiance is on a month to month lease only now bc he's been here passed his original lease
Expert:  N Cal Attorney replied 1 year ago.

Are both of your names on the rental agreement?

Customer: replied 1 year ago.
Mine is not but his & his ex girlfriend s is but I moved in with him after be purposed to me a year & 1/2 ago
Customer: replied 1 year ago.
He's threatening to file papers at courthouse house in the morning & he says they've told him he has options in 3's, 3 days, 3 weeks or 3 months as in time for me to be out!!
Customer: replied 1 year ago.
Idk if that type of thing goes in front of a judge or not?
Expert:  N Cal Attorney replied 1 year ago.

Since he is not the landlord I do not believe that he has standing to try to evict you.

If you are ending the engagement, it is probably a good idea to negotiate an agreement under which one of you will move out.

Evictions are heard by a judge, but the judge has no jurisdiction over an eviction is there is no landlord tenant relationship. And he was never your landlord since you never paid rent to him.

Customer: replied 1 year ago.
IDK if he's planning to take his landlord up there with him to do this or not but if so like how much time would I be legally allowed to remove my belongings bc as I've just had 2 diagnosings one chronic anaemic & I only have half of the blood in my body than a normal person... I'm going to see a oncologist specialist tomorrow & lymphedema which is incurable disease of painful swelling I've in both legs after having a hysterectomy 6 months ago & damage if some sort is not letting fluids flow as they should so I'm not in very healthy standards right now & my doctor's just explained that to him last week so I've not got much energy, strength nor good color & the lymphoedema stops me from getting & moving around much at all
Expert:  N Cal Attorney replied 1 year ago.

If the landlord wants to terminate a month to month tenancy, the tenant is entitled to one month advance notice, according to

441.060. 1. A tenancy at will or by sufferance, or for less than one year, may be terminated by the person entitled to the possession by giving one month's notice, in writing, to the person in possession, requiring the person in possession to vacate the premises.


The process is described here. The landlord cannot sue to evict until after the notice period expires.

A tenant who is current on the rent, such as yourself, can usually negotiate with the landlord for additional time to move out because that will save the landlord attorney fees that would be incurred to evict a tenant with a Court order.

You might want to sue your partner to dissolve the partnership and divide the assets.

You can get a free consultation from some of the landlord tenant attorneys listed by location here.

Please follow up on this with a local attorney.

I hope this information is helpful.

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