Legal Question in Landlord & Tenant Law in California

The owner

Dose the owner have to give the tenant a 30day notice to move out before trying to kick the tenant out?


Asked on 11/12/08, 6:42 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: The owner

It depends on why they are trying to kick you out, and a number of other factors. If the landlord has simply decided that s/he wants to terminate your tenancy (s/he doesn't need a reason unless you have a lease with a term remaining), then all s/he needs to do is properly service you with a 60 day notice, or a 30 day notice if you have lived in the property less than 1 year. If you have a term left on a written lease with the landlord, then they can only evict you for violation of that lease, generally for non-payment of rent. Whether you have a lease or not, if you haven't paid the rent, then the landlord need only properly serve you with a three day notice to pay rent or quit (unless the lease provides for a different length notice), and if you don't pay or leave within three days, then you will be evicted. Finally, you can be evicted with no notice if you are what is referred to as a tenant-at-sufferance. This is too complex to cover here, but think in terms of squatters, or people who have no legal basis to be in the apartment whatsoever.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/12/08, 7:06 pm


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