QUESTION

Is there any protection for me at least until the end of October so that I can look for a place and move out peacefully?

Asked on Oct 08th, 2015 on Landlord and Tenant Law - California
More details to this question:
I took over a lease (without any papers) that was advertised online. It was pretty crystal clear to me that they were the legal tenants. They asked me for a $750.00 deposit and then pay the monthly rental of $3010.00 (which included my pet dog's monthly fee). They told me to get my power hooked, cable, and telephone. Trash and water were included in the rent. So I agreed. I asked them the month I moved in which was 6/30th, when my name will be added to the lease. She told me as soon as I paid her the balance of my deposit she and her husband would add my name. July, August, September passed. Right around the last week of September, she called me to tell me that they have until 10/1/15 to renew their lease. I told her I did not plan to go anywhere and that I agreed to the new amount of $3501 (included with my monthly pet fee). They had asked me to go to the leasing office to obtain an application. I filled out the application and then submitted it. When I was the office, the leasing consultant and one of the leasing managers asked me of my situation with Unit 1147. Being truthful as I was, I told them the same story I am writing on here. They asked me if I was already living on the premises and I, of course said yes. I also told them that if they look at the "cashier's check for the past 3 months", they would know that it was me who was paying for the rent for unit 1147. They asked me if she, her husband, and the brother lived on the premises. I, again being truthful, said they moved out but that they come back every now and then to check on the house. On 10/5/15, I received a 3 day notice to pay or vacate premises. I have been paying the apartment management the rental on time. I have also filed for bankruptcy this week.
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1 ANSWER

The lease probably forbids sub-leasing, which is what you did, and would at least require the owner to approve any sub-tenant. Since you did not follow the terms of the lease you are really a trespasser. They could kick you out without a three day notice but probably are trying to play it safe by giving you a three day notice. ?If it only says failure to pay the rent on it, it is defective if the October rent was paid. ?To follow up on the three day notice, they would have to file suit, wait 3-4 weeks for a trial, wait another week or two for a judgment, and then wait for the sheriff to kick you out. So you have some time until you are forced out, but how are you going to find a place to rent if you have filed for Bankruptcy and tell the next landlord. Talk to the current management and see if you can work out with them a voluntary move out date.
Answered on Oct 20th, 2015 at 5:06 PM

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