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Question History!
From : lluckyinlove_98947
To : saintly
User Comment : Thank you for your help Saintly
Rating :
Message Status : Public

[08-10-2000] lluckyinlove_98947 : I am renting a house to which there is no written rental aggrement. The landlord all of a sudden wants me to move. I was wondering what type of an eviction notice needs to be given? There are no grounds for eviction, she just says that she wants to move back into her home, but I know that she isn't. Does she have to serve me legally with an eviction notice, and how long could these proceedingsa last?
[08-11-2000] saintly : What state are you in? Laws vary by state. In California, you would be considered to be under a month-to-month lease agreement by default under Civil code 1943-1944. She would appear to have a legal right to evict you with 30-days notice. (Civil code 1946) If you stay longer then she may evict you with a standard 30-days eviction notice (Civil code 826). It should be served to you by a sherrif. If you stay longer than the notice allows, she would have a legal right to have you forcibly evicted. You would be guilty of 'Forcible detainer' of property (CCCP section 1160).

I would expect similar laws in other states, but there may be some exceptions. Hope that helps.
[08-11-2000] saintly : And it's not considered an eviction yet. She can give you the 30-days-notice any time, and it will terminate the rental agreement. If the end of the agreement doesn't coincide with the end of a month, you may be able to stay until the 30 days are up by paying a partial rent for the remaining duration. Evictions are only when a tenant stays past the end of a rental agreement, unlawfully takes posession of the property, or the landlord has to force the tenant out in the middle of a lease.

The bit about intending to move back in only applies in areas where the city or country is controlling the price of rent. If she kicks you out intending to move in or have a relative move in, and occupies it less than 6 months after that, it's considered fraud and she'd be liable for triple the cost of moving you back in. That's intended to curb landlords trying to evict people so they can use the space for something else when renting starts getting unprofitable.
(Civil code 1947.10)
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