Summary
Subtenants in California, including those with disabilities, have certain protections against eviction, such as reasonable accommodation and notice requirements. Not being on the lease can complicate matters, but keeping documentation and seeking legal aid can help. Legal action against a roommate for unpaid rent may be possible if theres a breach of agreement. Consider contacting the Santa Clara County Superior Court for more guidance.Full Conversation
I’m under a sublease for an apartment with a IHSS worker/roommate since November *, *. He has been paid rent but hasn’t paid the manager for 3 months. As a legally disabled 62 year old are there protections for me from being evicted?
Hi Robert,
Could you please tell me your location (city and state) so I can provide you with specific information regarding eviction protections for disabled individuals in your area?
Thank you!
San Jose, California
Hi Robert,
Here are some general protections for disabled individuals against eviction in California:
- **Reasonable Accommodation**: Landlords must provide reasonable accommodation for disabilities.
- **Fair Housing Act**: Protects against discrimination based on disability.
- **California Civil Code §*.***: Provides eviction protections under certain conditions.
For specific assistance, you may wish to contact the Santa Clara County Superior Court:
Santa Clara County Superior Court
Phone: (*) *-*
Address: * N First St, San Jose, CA *
Website: www.scscourt.org Will not being on the lease a problem
Hi Robert,
Not being on the lease can present challenges. Here are a few points to consider:
- **Tenant Rights**: Subtenants generally have fewer protections than leaseholders.
- **Documentation**: Keep records of all payments and communications.
- **Legal Aid**: Consider seeking legal assistance for your specific situation.
For more help, contact Santa Clara County Superior Court:
Santa Clara County Superior Court
Phone: (*) *-*
Address: * N First St, San Jose, CA *
Website: www.scscourt.org I’m trying to find a new home but it’s challenging. Can they evict me with limited notification
Hi Robert,
In California, even subtenants generally have some protections against eviction. Here are a few points to keep in mind:
- **Notice Requirements**: Typically, a landlord must provide a *-day notice for eviction if you have lived there for less than a year, and a *-day notice if over a year.
- **Just Cause**: In some cases, landlords must have a valid reason, or "just cause," to evict.
For detailed advice, consider contacting the Santa Clara County Superior Court:
Santa Clara County Superior Court
Phone: (*) *-*
Address: * N First St, San Jose, CA *
Website: www.scscourt.orgIf you have more questions or need further assistance, feel free to ask!
Ok thank you
You're welcome, Robert. If you have any more questions or need further assistance, don't hesitate to ask. I’m here to help!
Can I take legal action against my roommate
Hi Robert,
You may be able to take legal action against your roommate for failing to pay the rent to the manager. Here are a few points to consider:
- **Breach of Agreement**: If your sublease agreement includes payment terms, non-payment could be a breach.
- **Small Claims Court**: You can consider filing a claim for the unpaid rent.
For more detailed assistance, contact the Santa Clara County Superior Court:
Santa Clara County Superior Court
Phone: (*) *-*
Address: * N First St, San Jose, CA *
Website: www.scscourt.orgIf you need further help, feel free to ask!
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