Can we be evicted if the landlord just typed up a notice requesting us to vacate or can we wait until we get a court order to take action?

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Can we be evicted if the landlord just typed up a notice requesting us to vacate or can we wait until we get a court order to take action?

The notice just states the fact that he needs to vacate the house yet there’s no witness signature to validate the notice. What should we do if he only gave us 30 days to vacate and we dont have anywhere to go?

Asked on September 30, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The most important question is, do you have a written lease for a set period of time (e.g. the traditional one-year lease), or do you have either a written lease that is specifically a month-to-month lease or  an oral/verbal lease?

If you have a written period for a set period of time, the landlord cannot make you leave on 30 days notice, unless the lease itself states that he can. Otherwise, with a written lease for a set period, you can only be made to leave 1) at the end of the lease; 2) for nonpayment of rent; 3) for habitual late payment of rent, or violations of lease terms; 4) for disturbing the peace of other residence; 5) for deliberately or grossly negligently damaging the landlord's property; or 6) for certain other fairly obvious grounds for eviction, like attacking or threatening the landlord. Otherwise, if you are paying your rent, obeying the lease, and otherwise acting as a tenant should, the landlord cannot evict you until the lease is up.

(One other exception: if the landlord loses the house to foreclosure, the new owner can evict you, but there are laws which would require that you get at least 90 days, and possibly longer.)

On the other hand, if you have a written month to month lease, or are on an oral/verbal lease, the landlord may give you 30 days notice terminating your tenancy. The notice does not need any witnesses. If you don't leave after the notice period, he can bring an eviction action.


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