Your Rights as a Tenant Without a Lease in California

As a tenant in California without a formal lease or with an expired lease, you may feel uncertain about your rights and protections. Whether you’re dealing with a sudden eviction notice, an unfair rent increase, or harassment from your landlord, understanding your legal standing can help you confidently navigate these challenges. At the Law Office of Bartley Babcock, we know how overwhelming these situations can be, especially when you’re already dealing with emotional, financial, or mental stress. Let us walk you through your rights as a tenant and help you understand the eviction protections available if you are a tenant without a lease.

Understanding Your Status as a Tenant Without a Lease

In California, even if you don’t have a written lease agreement, you are still a tenant with legal rights. California law recognizes two primary types of tenancy in these situations: month-to-month tenancy and at-will tenancy.

Month-to-Month Tenancy

If you’ve lived in the rental unit for a significant amount of time without a formal lease, the law may treat you as a month-to-month tenant. This means you have the right to stay in the unit until either you or the landlord gives proper notice to terminate the tenancy.

At-Will Tenancy

In cases where no formal lease exists, and you have not paid rent regularly or signed any rental agreement, your tenancy may be considered “at-will.” This means the landlord can terminate your tenancy with 30 days’ notice if you’ve been in the unit for less than a year or with 60 days’ notice if you’ve lived there for a year or more.

Eviction Protections for Tenants Without a Lease

One of the most significant concerns for a tenant without a lease is the possibility of eviction. California has strong eviction protections, especially for vulnerable tenants. 

If your landlord wishes to evict you, they must follow specific steps:

• Notice to quit or pay rent. If you haven’t paid rent or have violated the terms of the rental agreement (even if it’s expired), your landlord must first give you a notice, such as a 3-day notice to pay rent or quit.
• Unlawful detainer lawsuit. If you don’t comply with the notice, the landlord can file an unlawful detainer lawsuit, which is the formal eviction process. At this point, you’ll receive a court summons and have the opportunity to contest the eviction.
• Court hearing. The court will schedule a hearing if you don’t agree to vacate the property. As your California tenant rights lawyer, Bartley Babcock can help you prepare your case, find legal defenses, and protect your interests during this stressful process.

While your landlord can legally terminate a month-to-month tenancy, they cannot evict you without proper notice or a legal reason.

Protection Against Rent Increases

Landlords may be tempted to raise rent without warning, especially if they believe you don’t have a formal lease. Fortunately, California rent control laws offer protections, especially in cities with rent control ordinances, like Los Angeles, San Francisco, and Oakland.

Under the California Tenant Protection Act, if your rental unit is subject to rent control, your landlord cannot raise the rent by more than 5% of the current rent or $100, whichever is lower, within a 12-month period. Additionally, they must provide 60 days’ notice for any rent increase over 10%.

Even if your rental unit is not covered by statewide rent control, local rent control ordinances may still apply. For instance, in cities with strong rent control, a landlord cannot raise the rent beyond certain limits, regardless of your lease status.

What to Do If You Are Being Harassed by Your Landlord

Unfortunately, many tenants without leases face harassment from landlords who are trying to force them out of the rental unit. This can include tactics like excessive rent hikes, threats of eviction, or verbal abuse. California law makes it clear that tenants have the right to live in peace and free from harassment.

Under California law, harassment by a landlord is illegal and may include:

• Threatening or intimidating behavior (such as calling or visiting the tenant without notice);
• Retaliatory actions, like eviction or harassment after the tenant complains about unsafe conditions or asserts their legal rights; or
• Refusing to make necessary repairs after a tenant has requested them.

If you feel your landlord is harassing you or making you feel unsafe, you can take legal action. You can file a complaint with your local housing agency or contact an attorney to discuss possible legal remedies.

The Role of Emotional Support Animals (ESAs) in Your Tenancy

If you have a disability and rely on an emotional support animal (ESA), California law provides protections to ensure that you can continue to live with your ESA, even in rental units that may have “no pets” policies. Under the Fair Housing Act and California law, landlords must make reasonable accommodations for tenants with disabilities, including allowing ESAs.

Your landlord cannot refuse to rent to you based on your need for an ESA. They also cannot charge additional pet fees for ESAs or require special deposits. If your landlord denies your rights in this area, you may have grounds for a legal claim. Bartley Babcock is experienced in advocating for tenants with emotional support animals, ensuring your rights are protected.

Why Seek Counsel from a California Tenant Rights Lawyer

Facing eviction, harassment, or unjust rent increases can be an incredibly stressful experience, especially if you are already struggling financially or emotionally. At the Law Office of Bartley Babcock, we understand the weight that these issues can place on you. With years of experience in tenant rights, Bartley Babcock is here to listen to your story, validate your concerns, and find the best solutions for your situation.

Bartley Babcock has handled over 30 jury trials and worked at one of California’s most respected tenant rights law firms. His in-depth knowledge of the legal system and compassionate approach make him the ideal advocate for tenants facing these difficult challenges.

How We Can Help You

Whether you are worried about eviction, dealing with a difficult landlord, or trying to understand your legal rights, Bartley Babcock is here to help. With his extensive experience in tenant law, he can:

• Review your situation and determine your best course of action;
• Help you understand your rights and potential defenses against eviction;
• Represent you in court and present your case in the best possible light; and
• Protect your emotional and financial well-being throughout the legal process.

If you’re a tenant without a lease, knowing you still have powerful rights and protections is important. Don’t navigate this difficult situation alone—contact the Law Office of Bartley Babcock today for a consultation. We will fight for your rights, ease your worries, and help you achieve the results you deserve.