If I am not on a lease but living there and paying my share of the rent what is my legal status and rights?

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If I am not on a lease but living there and paying my share of the rent what is my legal status and rights?

I signed on to a 12 month lease 16 months ago, after 12 months I assumed that it turned into a month-to-month lease. Apparently it did not and my two room mates went and signed a new lease for another year without my knowledge, thus I am no-longer on the lease. I Gave my 30 day notice of leave (still under the assumption that I was on a month-to month lease) and now everyone is jumping down my neck saying I am in a year lease. I go down to the office to verify this and find that I am not on any lease at all. Now they say I have to sign the lease or face a lawsuit. I am confused.

Asked on May 15, 2009 under Real Estate Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

First, are these friends of yours or do you care if they never talk to you again?  If you dont care about these people, then use the law in your favor.  You are not on the lease.  Your lease as you correctly pointed out expired and you were a month to month tenant.  You then gave proper notice and moved out.  The landlord cannot sue you as you are not a tenant on the lease.  Your roommates cannot sue you as you have no sublease or any rental agreement with them.  Tell them to pound sand and find another roommate.  You should not be liable to them.


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