You may have no legal status to stay there because you were not on the lease. But if you can prove you have been paying rent and if you can prove you have been living there like mail received in your name, water bill, power bill, etc you may show the lease was implied by the lease holder.
If you do not have a written lease, or your lease expired and you don't live in rent regulated housing, the landlord/owner may be able to go to court to evict you even if you did not do anything wrong. It is the landlord/owner's right to evict you without a reason.
Under California law, unless the lease specifically prohibits subletting, tenants may have the right to sublease their rental unit. In this case, you would not be able to unreasonably withhold consent.
(a) A tenant renting a residence pursuant to an existing lease in a dwelling having four or more residential units shall have the right to sublease his premises subject to the written consent of the landlord in advance of the subletting. Such consent shall not be unreasonably withheld.
Real Property Law Section 226-b in conjunction with the Rent Stabilization Law gives tenants the right to sublease their apartment for a period of two out of every four years. In order to sublease an apartment, it is necessary that prior to the subleasing that the apartment be the tenants' primary residence.
It is illegal for landlords in New York to refuse lease renewal, significantly raise rent, or file for eviction in retaliation for a good faith complaint to them or to a government agency made in the past year, or for participation in the activity of a tenancy organization like ITU, ing to NY Real Prop L Section ...
In conclusion, as a tenant without a lease agreement, you still have rights and protections under the law. Your landlord has the obligation to provide a safe living environment, make necessary repairs, provide basic utilities, and follow eviction laws.
Your Step-by-Step Guide to Subletting in California Read Your Lease Carefully. Obtain Pre-Approval to Sublet. Find and Screen a Subletter. Send a Written Request for Approval. Wait Patiently (but Not Too Patiently). Collect and Store Security Deposit and Rent. Enjoy Your Freedom:
Step 1: Check your lease Check your rental agreement or lease documentation for specific rules on subletting your apartment. Step 2: Send landlord a letter Send your landlord or building manager a certified letter asking permission to sublet, and wait for approval. Keep copies of all communications.