If my friend/roommate whom owned the home that we both shared just died, what kind of timeframe should I expect to have before I am forced to move out?

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If my friend/roommate whom owned the home that we both shared just died, what kind of timeframe should I expect to have before I am forced to move out?

He has 2 adult children whom I assume will be taking care of everything. I’m assuming they will want me out of the house ASAP.

Asked on December 21, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It could be only several weeks to a couple or few months: once the executor (if there is a will) or court-appointed administrator (if no will) is appointed, he or she can and almost certainly will look to remove you, so the house can be sold or distributed to heirs. If you did not have a written lease for a definite period of time, you can be asked to leave on no more than 30 days notice (possible less, if you were not paying rent; if you did not pay rent, you were a guest, not a tenant, and do not have to get any notice); if you don't leave at that point, they can file the action to remove you.


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