Legal Question in Real Estate Law in California

Rent

My daughter is renting a guest house on property that the owners also live on. They just gave her 30 days notice because their 12 year old son and my daugthers were wresting and he ended up with a bruise on his leg. They were good friends etc. but of course that has changed...this just happened last week. My daughter is a single mother with 2 sons (12 & 14) and is looking for a place to rent but it may take more than 30 days. Can they evict her within the 30 days. There was never any lease or paperwork signed. Thanks.


Asked on 1/17/08, 3:41 pm

2 Answers from Attorneys

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

Re: Rent

If the tenancy has been longer than a year, the tenant is entitled to 60 days notice in most ordinary situations.

Otherwise, after the 30 day period runs out, there will probably be a three-day notice in turn followed by an unlawful detainer suit. Bringing the UD suit to trial or default judgment will take about another couple of weeks, more or less, depending upon the court's calendar and whether your daughter files an answer and puts up a defense (but there seem to be no grounds for a defense). It would be a few more days after judgment on the UD before the sheriff shows up to carry out an eviction. So, I'd guess it would be 45 to 55 days from service of the 30-day notice until eviction under the most usual scenario.

It is better for all concerned to negotiate a specific departure date than to go to the expense of filing suit on the one hand, and the credit harm doen by being sued and evicted on the other side.

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Answered on 1/17/08, 4:15 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Rent

I suspect it was your daughter's sons who were wrestling with their 12-year old son (not your daughter).

The legal process takes more than 30 days. If they don't move in 30 days, the landlords could file an unlawful detainer lawsuit against your daughter. She would have to answer 5 days after being personally served with the summons and complaint, and a trial could occur 2-3 weeks later. Then the sheriff might take another week to effect the eviction.

However, there are several negatives to the process. Your daughter might have to pay a lawyer, the unlawful detainer lawsuit will be put on her credit report making it more difficult to rent another place, aggravation, etc. Perhaps she could have a neutral third party intercede with the landlord to get him/her to agree to allow your daughter to remain for a reasonable time, at least, until she could find a new place to live, especially with two teenaged boys. Good luck.

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Answered on 1/17/08, 4:16 pm


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