My friend allowed me to live in her home-what kind of notice is required for move out?

My friend and her husband allowed me and my son to stay with them since we became
homeless. There has been a huge change in the friendship no longer exists and I
am afraid she will try and make me leave immediately. Are they required to give
me notice? If so, how much time? This is in CA.

Asked on May 16, 2016 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In many states, if you have been on the premises for less than 30 days, then you can be asked to leave immediately; if you fail to do so you can be forceably removed for tresspassing by the police. Otherwise, after 30 days, your status may go from that of a guest to more that of a tenant (some states would deem you to be a "licensee"). Therefore, you would need to be given formal notice to vacate. The amount of time in such a situation can be as much as 30 days. Additionally, if you fail to move in the specified time listed in the notice, then your "landlord" would need to go through the steps of a fomal eviction; to do otherwise could constitute unlawful eviction for which you would have a legal claim. At this point, to find out your rights in your specific situation, you should consult with an attorney who specializes in such cases. Since money is an issue, you can try legal aid for help. You can also see if there is a law school nearby, since may run free/low cost clinics that handle this type of case. You can also see if there is a tenant's right groups in your area. In the meantime, you can go to the library and google for further information; CA has quite a bit online regarding landlord-tenant matters.

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