sandyclaus
Senior Member
What is the name of your state (only U.S. law)? California
Last summer, I rented a room in a house (sublet) from a woman who herself rents the house from the owner. There is no written lease between the woman (roommate) and & I, so I know this makes it a month-to-month verbal agreement between us. Before I moved in, she claimed to have the permission of the owner to sublet, and assured me that I would be able to meet them so I could confirm this fact. It never happened.
I now find myself in a situation where the roommate/landlord insists that I move out. The reasoning had nothing to do with a non-payment of rent issue - she has refused to accept any rent from me for 3 months now (a fact that she put in writing, and has reinforced verbally to me on several occasions since putting it in writing). We just went thru an eviction process, and she dismissed the case at a demurrer hearing based on the judge's suggestion that her complaint wouldn't stand up at trial because of the multiple errors in her papers. She was NOT represented by an attorney in her case.
The roommate/landlord has begun the process all over again, with a new notice to quit, now on the basis of non-payment of rent. She is now trying to use the unpaid rent that she refused to accept as a basis for evicting me. What's more, the OWNER is now involved in the eviction, and has "assigned" the right to evict me to her "manager", the roommate/landlord.
Here is what I would like to know: Does the owner have standing to evict me from the property? I have no contract or agreement with the owner, only her tenant, my roommate. I never paid rent to the owner, only to my roommate. In fact, until a few days ago, I had never even seen or met the owner. And the owner has no intention of evicting her tenant, only me (the sub-tenant). The owner is just supporting her tenant and helping her to get out what her tenant has said is a "deadbeat" subletter.What is the name of your state (only U.S. law)?
Last summer, I rented a room in a house (sublet) from a woman who herself rents the house from the owner. There is no written lease between the woman (roommate) and & I, so I know this makes it a month-to-month verbal agreement between us. Before I moved in, she claimed to have the permission of the owner to sublet, and assured me that I would be able to meet them so I could confirm this fact. It never happened.
I now find myself in a situation where the roommate/landlord insists that I move out. The reasoning had nothing to do with a non-payment of rent issue - she has refused to accept any rent from me for 3 months now (a fact that she put in writing, and has reinforced verbally to me on several occasions since putting it in writing). We just went thru an eviction process, and she dismissed the case at a demurrer hearing based on the judge's suggestion that her complaint wouldn't stand up at trial because of the multiple errors in her papers. She was NOT represented by an attorney in her case.
The roommate/landlord has begun the process all over again, with a new notice to quit, now on the basis of non-payment of rent. She is now trying to use the unpaid rent that she refused to accept as a basis for evicting me. What's more, the OWNER is now involved in the eviction, and has "assigned" the right to evict me to her "manager", the roommate/landlord.
Here is what I would like to know: Does the owner have standing to evict me from the property? I have no contract or agreement with the owner, only her tenant, my roommate. I never paid rent to the owner, only to my roommate. In fact, until a few days ago, I had never even seen or met the owner. And the owner has no intention of evicting her tenant, only me (the sub-tenant). The owner is just supporting her tenant and helping her to get out what her tenant has said is a "deadbeat" subletter.What is the name of your state (only U.S. law)?