Can my landlord kick me out without notice?

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Can my landlord kick me out without notice?

I have been living in a detached room for 16 months and 6 months ago she gave me a 30 day notice to leave. Then 2 weeks later she said I could stay on a month-to-month lease which was never written up. Now I was short on rent today and she said that I have to be out by the end of the day or else when I go to work she is going to throw all my belongings out on the street. Can she do this?

Asked on May 5, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

No, she can not.  If you are on a month to month tenancy and you do not pay your rent then she has to serve you (properly and I emphasise properly) a 3 day notice to pay or quit (generally but check procedure in your state).  If you do not pay or leave she has to serve you with a petition for eviction.  She can NOT enter your room and touch your things.  She can get in to a lot of trouble.  Can you go to legal aid or an attorney to call or write a letter to help you here?  Good luck.


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