As a subtenant in California, it is important to know your legal rights and protections when renting a unit without a written agreement. While having a written agreement is always recommended, it is not always the case in certain situations.
Here are some of the subtenant rights you are entitled to under California law, even without a written agreement:
1. Right to quiet enjoyment: As a subtenant, you have the right to peaceful enjoyment of your unit. This means that your landlord cannot interfere with your use of the unit or disturb your peaceful enjoyment of it.
2. Protection against unlawful eviction: Even without a written agreement, your landlord cannot evict you without proper notice and a legal reason. In California, proper notice is generally 30 days, and the landlord must have a valid reason for eviction, such as non-payment of rent or violating terms of the lease.
3. Right to a habitable living space: Your landlord is legally required to provide you with a habitable living space, even without a written agreement. This means that the unit must be safe, clean, and meet all health and safety codes.
4. Right to hold your landlord accountable: If your landlord fails to provide you with a habitable living space or violates your subtenant rights in any way, you have the right to hold them accountable. You can file a complaint with the local housing authority or take legal action if necessary.
5. Right to withhold rent: If your landlord fails to provide you with a habitable living space or violates your subtenant rights in any way, you may be able to withhold rent until the issue is resolved. However, it is important to consult with an attorney before taking any action.
It is important to note that without a written agreement, it may be difficult to prove certain terms of your tenancy or enforce certain rights. Therefore, it is always recommended to have a written agreement in place whenever possible.
In conclusion, subtenants in California still have legal rights and protections even without a written agreement. It is important to educate yourself on these rights and hold your landlord accountable if they fail to meet their legal obligations.