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I have rented a sublet with no written agreement. Rent has suddenly raised, I am now evicted. Is this legal?

I have been subletting a room from a person who is renting the house we both live in. I did not have to sign any type of sublease contract prior to moving in. Now, this other tenant is threatening to evict me if I don’t start paying higher rent that I can’t afford. I have only lived here for two months. Can this be done to me under California law? Do I have any rights without a signed contract?

 

Answers (1)

You need to speak with an attorney right away to try and stall any type of eviction proceedings against you. Make sure in the future that you always sign a contract with the actual owner whenever property or rental rights are involved.

It is questionable whether or not the other tenant even had the right to sublet a room to you. Do you know if the owner is aware of your presence on the grounds? While you may have certain sublease rights, your situation is very uncertain since the property owner never gave you express permission to live there.

A local attorney can sort through the rather complicated sublease laws with you and hopefully keep you from having to move in the immediate future. When meeting with this lawyer, ask if he or she can provide you with a sample sublet rental agreement (or sublease contract) that you can safely use in the future, assuming the other parties agree to sign it.

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