QUESTION

My roomate tried to taise rent on me because her boyfriend left her and she cant afford her share of the rent. I want to move out but she says i cant

Asked on Sep 18th, 2017 on Real Estate - California
More details to this question:
So when i originally moved im we had an agreement (verbally) that i would pay 550 for the room her and her boyfriend are the ones on the lease.. i was never put in it, her boyfriend left her and now she says i have to pay more rent. When i said that it wasnt out agreement she said she didn't care it needed to happen, so i told her i couldnt afford that. So i told her i would move out before the end of the month. And now she is saying i need to pay for next month too because i didnt give her a 30 day notice. But i told her she told me this mid month (Sep13) so i even offered to give her my 30 days now and pay her half the month even tho i would no longer be there. She refused that too. She is demanding i stay another month or she says shes gonna take me to court. Can she do that? There is written paper that says i had to stay or that says she can charge more rent.. so when i couldnt comply to what she was asking i told her i would leave before my current month that i paid would end.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No. The most notice the law requires you to give her is 30 days, and that's 30 days from the date you give notice. It does not have to be effective as of the first or last day of a calendar month. She also must give you 30 days notice of any rent increase.  The worst she can due is sue you in small claims court. No lawyers. She tells her side. You tell your side. The worst that happens is you owe her an extra $275.00, plus the $80 filing fee and maybe a $75 process server fee. More likely, she won't bother. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Sep 19th, 2017 at 9:57 AM

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