Legal Question in Real Estate Law in California

my friend lives where she works and now they have let her go and they want her moved out in three days can they do this I would think they would need to give her a 30 day notice?


Asked on 9/16/09, 6:02 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

A three-day notice is correct as it is not a true tenancy, but is part of work compensation. If she does not move out, then the employer will have to go to court and file an unlawful detainer (eviction) lawsuit against her and go through the normal legal process. The employer is not entitled to use self-help and change the locks after the three-days have elapsed, at least not without a court order.

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Answered on 9/16/09, 6:34 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

No, there is no 30-day notice requirement for resident employees. A lawful termination of the employment also terminates the right of possession and gives the property owner the right to commence an unlawful detainer proceeding. See Code of Civil Procedure section 1161(1) and Karz v. Mecham (1981) 120 Cal.App.3d Supp. 1, the latter stating that no notice at all is required to commence an unlawful detainer action against the former employee who remains in possession.

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Answered on 9/16/09, 7:52 pm


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