What to do if we have no lease and recieved a 30 day notice?

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What to do if we have no lease and recieved a 30 day notice?

We are being evicted on hearsay. How long can we legally stay here? And he has to take us to court to get us out, right?

Asked on December 31, 2012 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you have no lease, you are considered to be a month-to-month tenant. Accordingly, you must me given a 30 day notice to vacate (60 if you have lived there a year or more). If you remain after the specified date in the notice, then your landlord will have to file for an eviction in court. At that point, once a judge issues a writ of possession to your landlord, if you still haven't moved by then, your landlord can have the sheriff physically remove you if necessary. This all process will take about 4-6 weeks or more, depending on the jurisdiction.


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