Legal Question in Landlord & Tenant Law in California

I received a 30 day notice from my mom foe me and my 2 kids, 17 and 19 to move out and she will change the locks if we don't move. We have been living here for the past twelve years. We have not found a place yet. Does she have to serve us legally or not. Does she have to go through the eviction process or does that not apply. Thank you.


Asked on 4/12/13, 1:25 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

If you have been a tenant in the unit, then you are entitled to appropriate notice. Your mother will need to file an unlawful detainer action against you in order to legally recover possession of the property. You did not state if you were paying rent or not. However given the length of your tenancy, you should have received a 60-day notice. You also did not state if you are living with your mother as a guest or boarder. The rules for boarders and guests are somewhat different. Review the information at the California Department of Consumer Affairs website on Tenants' Rights.

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Answered on 4/13/13, 7:50 pm


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