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How many days notice must my CA landlord give me to move out? Eviction Notice

Discussion in 'Eviction, Recovery of Premises' started by jkeezy, Apr 1, 2013.

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  1. jkeezy

    jkeezy Law Topic Starter New Member

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    I have been renting a small house for nearly 4 years, and I just got a certified letter from the landlord telling me to move in 30 days because they want to sell the house. There are no buyers yet, but they just want to ready the house for sale, do renovations and such. I looked up California Tenant Law and it looks like I should be getting 60 or 90 days to move out. Can anyone tell me how many days I get? Also, how do I make my landlord accept the new day limit - they want to talk to their lawyer first. On top of all of this, the landlord wants to start construction on the outside of the house, something that will take 10-14 days, she says. I find this crazy, because she's asking us to leave in 30 and for 1/2 that time she wants to disturb us by doing construction. Is that right? She also wants an appraiser to come in and start taking pictures. Is this right? Can I refuse entry and make her wait till we move out? She's basically putting me under a lot of stress, and I work mega hours every day with 2 jobs. I don't have time for all this moving and trying to find a new place in 30 days.

    Thoughts? Thanks for all your help!
     
  2. mightymoose

    mightymoose Moderator

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    If you do not leave at the end of 30 days the landlord will have to begin an eviction. The landlord would quickly find out that the 30 day notice was insufficient and would have to start over. The landlords attorney may advise to have you served with a new notice giving sufficient time.
    You do not have to allow anyone in the house, however with proper notice the landlord may come in for inspection.
    You can refuse entry to anyone else regardless of who sent them.

    The writing is on the wall though. Don't delay in looking for a new place to live, but don't be bullied or rushed out in 30 days if you need more time. The clock will not officially start until you are served proper notice.
     
  3. Betty3

    Betty3 Super Moderator

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    I have a reference that indicates in Ca. if you were renting the house for at least 1 year, you have to be given 60 days notice.
     
  4. army judge

    army judge Super Moderator

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    Notice, 60 days, or 30 days is meaningless.

    If you choose not to leave, you'll have to be evicted.

    If its 60 days, that must expire before an eviction proceeding can occur.

    It'll take another six to eight weeks after the 60 days passes before the case will be heard. In fact, it might be longer. But, you don't want an eviction filing (win or lose) on your record. It'll make it almost impossible to ever rent good digs again.

    So, get busy and prepare to move. Because, even if you prevail at an eviction, the filing will haunt you for a decade or more.

    If you're not wanted, try to leave on good terms.


    Sent from my iPad3 using Tapatalk HD
     

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