Legal Question in Real Estate Law in California

Eviction Shock

I have lived in an apt.for 7yrs. with my husband and 2 teenage kids. We have always paid our rent on time and never caused trouble. 2 wks.ago we were served with a 30 day eviction notice. When we went to the manager she said she doesn't have to tell us the reason why, but she did say did you go away a couple of wks. ago which we did but our kids were told to stay at friends homes. So we have a clue it might have been something our kids did, but it just doesn't seem fair when we weren't even there to know what went on. Don't they have to give you some kind of warning first?


Asked on 8/28/01, 4:59 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Eviction Shock

Assuming you have only a month-to-month lease and the local rent control ordinance (if any) does not provide otherwise, the only warning required is the notice itself. It does seem to be an extreme action, and I suggest you try again to negotiate a reprieve. Ask you neighbors if they can clue you in on what happened while you were away; also ask the friends who supposedly had custody of the kids. Also maybe go direct to the owner bypassing the mgr. if all else fails.

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Answered on 9/17/01, 1:26 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Eviction Shock

Thanks for your posting. Unless you have a contract promising you can stay for longer, most tenancies are month to month, and entitle the landlord to terminate the lease for no reason at all with 30 days notice. If you are good tenants, however, you might want to appeal to the landlord to reconsider. Otherwise, you will have to move.

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Answered on 9/17/01, 2:17 pm


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