General Question

beautifuldreamingstars's avatar

Do I have any rights from a random 30 day eviction?

Asked by beautifuldreamingstars (163points) February 6th, 2016

Hello everyone at Fluther,

My roomate recently and randomly gave me a 30 day notice to move out on February 4th.

I am not on the lease. Me and my friend (or used to be friend) talked about me being on the lease when I first moved in but we didn’t go through with that. I have been living here for 5 months and always pay rent on time.

My roomate has evicted the last 2 other people as well who have lived here before me. Ever since I’ve moved in she’s done nothing but constantly complain. In one instance she was even caught stealing and throwing away our other roomate’s mail…... Then she threatened suicide…...

2 days before I received this eviction notice she writes me a note saying how much she appreciate and adores me. She told me thank you for paying rent on time and for helping with her dog Teddy.

Then 2 days later she randomly gives me an eviction notice? With absolutely no grounds?! How is it possible for her to do this- especially a friend- and with no grounds? I am the the perfect tenant in that I always pay rent on time, clean up after myself, no loud noises, respectful, etc. I was planning on going to school in February too which must be on hold now because my efforts and finances will be towards moving….

My question is do I have any rights at all? This is a huge inconvenience for me, mental anguish and a wrongful eviction.

I have never been evicted in my entire life. I have always paid rent on time as well. I’ve been a good roomate and friend to her. I went to the manager and she didn’t even know I was living her. She had no clue of the other roomates as well. She basically told me that there was nothing she could do.

I am already looking for a place but I don’t feel like this is right of her to do. Is there any way I can ask for my rent back? Or ask her to give me money to move? Or what if I just stay? All my friends have told me to ask her for money to move out. I don’t know whether I should just bite my tongue and move out??? This doesn’t make any sense to me. I feel angry and completely betrayed by her.

The reasoning for the eviction – in a letter she wrote – was because her finally flew into town…?? and that they are going to move to the beach together… ? Even though she told me she’s broke and doesn’t have a lot of money…..??? She has the right to kick me out for any reason?

I am staying calm in this situation and just want advice. I do feel hurt but I am staying logical.

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33 Answers

beautifuldreamingstars's avatar

Is this something I should just give up on and bite the bullet of her betrayel…? and just move on ? Some friends said to ask her for the rent back… others have said to stay…. others have said to take her to court for wrongful eviction….. I don’t know what to do.

canidmajor's avatar

I am sorry you are going through this, I can understand how difficult this must be for you.
Unfortunately, you have really no rights at all because your name isn’t on the lease. The 30 days notice ensures that you aren’t being ousted with time still remaining on rent.

I think you just need to deal with this and move on. Best of luck!

It sounds like she really can’t abide living with anyone, you just happen to be collateral damage.

beautifuldreamingstars's avatar

@canidmajor Do you think it would be too much to ask her for my rent back or money back? I pay about 1,000 in rent. This is a huge inconvenience for me plus finances to stop work, look for a place, pack, move, unpack, etc….... I feel completely betrayed but I’m being proactive.

Yeah that’s true about not being on the lease – I understand that but it’s ridiculous. I want to paint the room black and tell everyone to not live with her.

beautifuldreamingstars's avatar


I’m looking for a place and I am certain I will move by the 30th…..

However it’s not that….. It’s the principle behind this. She’s a horrible person and friend.

It just sucks I have no rights here.

Jeruba's avatar

Do you mean March 4th? February 4th was two days ago.

Note that there won’t be a February 30th.

Judi's avatar

The only thing you can do is refuse to move. That will only buy time though. I don’t know what state you live in but in California, the eviction doesn’t start until after the 30 days are up. If you don’t move by then, she must take you to court and get a judgment to have a sheriff force you to move.
Different states have different laws so I would look into what the laws are in your state.

beautifuldreamingstars's avatar

The anger in me wants to trash this place…. but I know I need to take the high road on this one. I feel like I got screwed big time by a so called “friend”.... anyway…. thanks everyone I’m just gonna bite the bullet and move forward….. just sucks…..

beautifuldreamingstars's avatar

@Judi Yes I am in California, Los Angeles to be in fact.

beautifuldreamingstars's avatar

Does anyone know about “wrongful eviction” ? Would this apply here or no… ?

canidmajor's avatar

Yes, it sucks. And it’s something that has likely happened to most of us one way or another. People can be very different when you live with them.
The lesson here (hard learned, unfortunately) is that you need to have some sort of a contract next time.

beautifuldreamingstars's avatar

@Judi That is what one of my friends was saying. That she would have to take me to court and get an order. I’m not sure if that costs anything I heard it was $800 but not sure.

beautifuldreamingstars's avatar

@canidmajor – Yes definitely for sure…..... I am actually getting my own place / apartment this time around….. so good riddance to crazy roomates…......

beautifuldreamingstars's avatar

I don’t feel like this is right or okay. I feel like she has to pay for at least something. I wouldn’t have paid rent for February if I knew she was just going to evict me. I’ve always paid rent on time. I’ve never been evicted or paid rent late in my life- ever ! :(

beautifuldreamingstars's avatar

@canidmajor It’s completely sad she is able to leverage this power…...... The manager didn’t even know I was living her…...... and she kicked out our other roomate around Christmas time….. she’s absolutely heartless and a horrible friend/person.

canidmajor's avatar

Remember, if you force her to legally force you out, you may have “won” something on principle, and may have trouble in the future finding people to rent to you.
It isn’t right or OK, but it will be infinitely easier to not fight this and just move on.

beautifuldreamingstars's avatar

@canidmajor I’m going to paint the room black and brown since she said it was okay if I wanted to paint the place…...... lol….... I still paid for rent for February so I guess this is my right :P

beautifuldreamingstars's avatar

@canidmajor I’m smart I haven’t told her anything or talked about it. I just wanted advice from different people first. I’m going to move on but not without voicing my opinion.

beautifuldreamingstars's avatar

I shall just move on but I want to let her know it’s not okay. I know it’s stupid but I want to paint the room black or write something on the wall about her. Since she told me I could paint the room when I first moved in and I still paid for February.

chyna's avatar

It is wrong. She or the owner can sue you for damages. Just move on and learn from this experience. Did you pay a deposit? Make sure you get that back if so.

beautifuldreamingstars's avatar

@chyna What if I just paint the room black?

beautifuldreamingstars's avatar

@chyna Why can’t I sue her for a wrongful eviction? Is that only allowed if I’m on the lease?

chyna's avatar

I don’t know. You would have to check California law. @Judi is the most familiar with this situation. She lives in California and has been a landlord.

chyna's avatar

Also, think of it this way: What if you want to move because you found a nicer, cheaper place to live and you give a 30 day notice. You won’t want to be sued because you want to leave.

elbanditoroso's avatar

A couple of points:

- I’m assuming that her name (only) was on the lease that was signed with the landlord. (although it’s not clear from your first paragraph if SHE is also leasing or if she is the landlord.) In any event, if SHE is on the lease and you are not, then technically you were living there and breaking the lease from the very beginning. So the landlord could have kicked you (and her) out at any point.

- If there is a landlord (and again, your description doesn’t make that clear), then your roomie has no authority to throw you out – it’s a roommate issue, not a legal issue. I think legally she doesn’t have a leg to stand on, and she’s trying to bluff you.

All of that said, though – which friends like her, who needs enemies?


beautifuldreamingstars's avatar


Yes she is the only one on the lease…. We talked about it when I first moved in, but I’m not on it so I understand that point…... That she can just throw me out….

I actually spoke to the manager. She said she had no idea I had even been living there for 5 months. She had no clue about the other roomates as well. Not sure if the manager/landlord is considered the same thing. But she basically told me to handle it between me and her.

beautifuldreamingstars's avatar

We talked about me being on the lease….. She kind of hinted that her manager/landlord didn’t know about us (meaning all her roomates).... So when I do actually talk to the manager she confirms she had no clue I was there. I don’t know if she is allowed to have other roomates there? Or if she had to let the landlord or whoever knows. Anyway. I am just obviously frustrated at this so called friend.

Yeah tell me about it….... She’s complained about not having a lot of friends….. So far she’s evicted 2 other previous roomies…. So now I can see how she has no friends. I want to do the right thing and be mature but I also feel a lot of betrayal too.

Judi's avatar

In the absence of a written rental agreement that states otherwise either party can terminate the agreement with 30 days written notice. She is probably violating HER lease by sub leasing to you. If I were the landlord and found out that someone was living in the apartment that I hadn’t approved I would first get an application from the person and make sure they actually met my qualifying criteria. If they didn’t cooperate I would serve them with a 3 day notice to perform or quit. I would probably end up evicting both parties.
I never owned properties in Los Angeles. There is a chance that there is a local rent control ordinance or some local law that restricts eviction without cause. I’ve never heard of it but I know that there are some tenant advocate groups in that area that might be able to fill you in on any local nuance in the law.
You might want to call The Housing Rights Center

rojo's avatar

From my point of view, she has no legal grounds to kick you out since, technically, you do not officially live there. If you want to be an ass you can just tell her to kiss off and threaten to report her to the landlord and have her evicted for letting you stay there without the proper authorization.
As a landlord, I could have you kicked out and her evicted since my leases specify that you can not have a guest (which is what you are) occupy the property for longer than 14 days without written permission from me and by doing so she has violated the terms of the lease. This is standard verbage in most leases I believe. Go by the office and ask for a copy of their lease agreement. Highlight the appropriate parts and show it to her. I am sure she probably has no idea what she signed.
But, from a more practical perspective, I am not sure I would want to stay where I am not wanted so would start looking for a new place. But again, being an asshole, I would strive to stay longer than the 30 days she has given me since she has no way of enforcing her eviction notice.
But that is just me.

skfinkel's avatar

From what you wrote, this situation seems like one to move away from: the roommate sounds a bit mercurial and as you see, not a dependable person. I do agree with you that you should take the high road: leave the place nice and find a new place and a better roommate/friend. I am guessing you will be much happier in the new situation. And if you want to get on the lease next time, make sure you do it in a timely manner!!

beautifuldreamingstars's avatar


Yes I do want to be an ass. I’m not an ass or a mean person but this situation is absolute betrayal. So at this point since she wants to evict me – yes I do want to be an ass to her since I’ve showed her nothing but love.

If she’s going to evict me I want to make her life a living hell for the next 30 days or get her evicted as well.

I spoke to her manager and I am pretty sure she is violating her lease. When I first moved in she said she liked me because of how low key I am…..... she said this I guess because she didn’t want the managers knowing a bunch of people were living at her place…...

I am going to try and get her evicted as well.

I am pretty sure she isn’t allowed to have other people living here without the managers knowing. I’m going to use that to my full advantage.

You’re absolutely right in that I don’t want to live here anymore….............. but just for all the sake of bullshit she put me through…..... after all that I’ve done to be nice to her (paying rent on time, being clean, helping with her dog, etc…) I want to make her life hell while I am still here. I want to get her evicted as well.

beautifuldreamingstars's avatar

@Judi – I know she isn’t allowed a bunch of people in her apartment. I am pretty sure she had to let her manager’s know first. When I first moved in here she complimented how “low key” I was – I guess she said that so the manager’s don’t suspect that there are people living in her place without their permission. She also said she could get evicted. So I want to get her evicted now. If she’s going to evict me for absolutely no reason (and I know she has the “right” to evict me for no reason)...... but if I’m going to leave then she should too. I’m not going down so easily. I’m still moving and I am nice, but if I’m being evicted then so should she also.

I’m pretty sure me staying here isn’t allowed without the manager’s knowing – none the less the other roommates as well that she kicked out….......

I’m going to bring people over and make it look crowded so she gets kicked out.

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