Legal Question in Real Estate Law in California

30 day notice to vacate

I received a 30 day notice to vacate my apartment. I have been looking for a new apartment, but can't find one as of yet. Can I stay in the apartment or will they throw me and my children out with no where to live?


Asked on 5/26/01, 2:35 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: 30 day notice to vacate

Well, landlord policies differ, and circumstances such as the reason you were terminated, whether there is another tenant ready to move in, etc. will affect the way the landlord views the situation. Once the 30 days is up, you become a holdover tenant and subject to eviction. You are not quite a trespasser and are entitled to notice and all the other formalities of a legal eviction process. This might buy you a little time.

My advice would be to negotiate something with the landlord, if possible. Fortunately, the rental crisis is easing somewhat.

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Answered on 6/22/01, 4:00 pm


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