What to do if proper notice to vacate has not been given?

UPDATED: Oct 20, 2012

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What to do if proper notice to vacate has not been given?

My fiance and I have been living in a home owned by her family. HWe have been paying rent and utilities, however, there is no written lease. We have been asked to move out for no real reason and have been given until the end of the month. That’s only 9 days to move all belongings and find a new home. This will force us to take of off work and causing extreme stress. What rights do we have without a written lease?

Asked on October 20, 2012 under Real Estate Law, California


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

Answered 10 years ago | Contributor

You are considered to be a month to month tenant and so you need to be given 30 days notice to leave.  If the landlord has not given you formal notice (and please note that not every state requires that it be written) then they can not bring an action for eviction and if they do bring it you can have it dismissed.  Do not take off.  Do not move out. Good luck.

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