Q: The house I'm staying in the owner gave me 40 days to move out not in writing

A: Since you're in Berkeley, you have to see what the city's rent control laws say on this. These laws should add to the state's laws, not take anything away from them. The mere fact this notice to move was not in writing is against state law (CA Civil Code section 1946). Your landlord won't be able to evict you since any court proceeding will require proof he gave you a written notice to vacate (the landlord can, of course, always forge one and lie about it). Additionally, since you've been living there at least one year, you're entitled to 60 days (Civil Code 1946.1(b)). If you don't move by the end of the 40 days, the landlord can't change the locks or otherwise throw you out. He has to go to court to file an eviction lawsuit against you. Right now, it seems like you'd lose that. The mere fact you have no place to go or can't afford a new place is not your landlord's problem. Right now, your landlord is simply doing a lot of dumb/illegal things. Should he wise up and learn to do these things right, you'll likely lose this.

A: Let's look at the relevant facts: (1) You have lived there three and one-half years; (2) He has not given you a written notice of termination; (3) You are not paying any rent at this time; (4) You have a letter from the landlord stating that you can stay there until "I was on my feet again financially." As to number 1 and 2, because you have lived there more than one year, the landlord is required to give you at least 60 days written notice to vacate (Civil Code Section 1946.1(b),(h). It must be delivered personally or by registered mail or by other methods specified in Code of Civil Procedures Section 1162. In order to evict you he must file a court action, an Unlawful Detainer, after the notice period has expired and you have not moved out. Self help is illegal. Your letter may provide some further relief, but that would depend on the exact wording. It may be too vague to be enforceable (what does "on your feet financially mean?) Finally, you must realize that if you cannot pay the rent, you must move out. You did not indicate that your landlord is a charity, so plan for a maximum of 2-4 weeks after the expiration of the 60-day notice.