Sunnyvale, CA asked in Landlord - Tenant, Probate and Real Estate Law for California

Q: My wife and I live in a house on her mothers property.My wife recently passed away.How long until she can evict us?

power bill is in her name can she just shut the power off on my stepdaughter and myself? Thank You

1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: A landlord must normally give you 60 days written notice in order to terminate your tenancy without cause for a month to month tenancy. The exceptions are:

1. You live in a city or county (like San Francisco) with a "just cause for eviction" ordinance, prohibiting terminations without cause.

2. The owner may use a 30 day notice if: you lived in the unit less than one year or all of the following apply:The unit is a SFR or otherwise has title separate from other units on the property, the owner is selling the property to a natural person (not a corporation), no more than 120 days have elapsed since escrow opened, and the buyer intends to occupy the property for a period of at least one year.

However, the landlord may use a three day notice to terminate tenancy for cause, such as you failed to pay rent or breached a provision of the rental agreement or lease that you cannot cure.

The owner cannot use "self help" to force you to move, such as turning off the power or changing the locks. To recover possession the owner must give the proper notice and, if you fail to vacate, start an eviction (called an unlawful detainer) and get a court order restoring possession to the owner.

However, evictions are tricky and these guidelines may not apply in all circumstances (such as if you are a non-rent paying guest.) I would suggest that you discuss your particular circumstances with a lawyer.

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