Can my girlfriend’s grandmother evict us without giving notice?

We have been living in the house for 4 years. We were behind on rent but since the house caught on fire, she was given money by her insurance which she said covered our debt. So our past due amount’s have been paid. She hasn’t given us a notice of a eviction but says she wants us out after the house is rebuilt from the fire. There are no documents saying we have or haven’t paid rent. I have been getting mail there for the 4 years I have been living there.

Asked on October 27, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are living in another person's home and have not been paying rent, the owner's option if he or she wants you to leave the premises is to serve you with a thirty (30) day eviction notice. Once served, you have thirty (30) days to leave the premises that you currently occupy.

Under the laws of all states, a notice of termination of your rental/lease is required to be given you as a means of ending your tenancy.

If you fail to do so, the landlord's option is to file an unlawful detainer action against you and take you to court seeking an eviction order.

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