IfIwas given a 30 day notice to quit, what are my rights?

I rented a house in March; the landlord said he was the owner. I have since found out that the house was his father’s and is now in a family trust; his Sister is the executor. I received a 30-day notice to quit or they would file legal proceedings for unlawful detainer. I have not broken the month-to-month rental agreement in anyway. I read in cities with rent control the agreement could not be terminated without just cause but I don’t know if my city has rent control. I was also told they have to pay me relocation fees, is this true?

Asked on July 30, 2010 under Real Estate Law, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your hassle with this apartment.  What matters is if the apartment is rent controlled itself.  Generally whole (one family) houses are not subject to rent control laws.  If you were a month to month tenant and they properly served you with a 30 day notice to quite then they have given you good notice to leave.  But the laws as to eviction are very specific as to who, what, when and how.  If they messed up in any way then the notice is no good.  Speak with an attorney in your area (maybe a free landlord tenant clinic at a law school?) and/ or the executor and come to some agreement about moving.  You will have to move eventually and it may be costly for them to evict you.   Maybe they can help with moving expenses instead of spending the money on the eviction.  Good luck.

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