Legal Question in Landlord & Tenant Law in California

30 Day Notice of Intent to Vacate

If I give my landlord a written 30 day ntice of Intent to Vacate, do I have to be out when that date arrives?

My landlord is telling me I have to be out on that date. He is saying he can force me to leave. Is that true? Or would he have to first evict me and go through that process?


Asked on 5/11/09, 3:18 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: 30 Day Notice of Intent to Vacate

He is correct in that you need to be out on that date. That being said, he cannot physically remove you on that date - he does have to file an unlawful detainer first, and obtain a judgment of possession, then have the Marshall's office execute a writ of possession. That will take a bit of time, but in doing so, you will end up with an eviction on your credit report and rental history, making it harder to rent in the future.

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Answered on 5/11/09, 3:57 pm


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