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

Q: My sister and I are being evicted. She has rented this house for 24 years without ever being late with rent.

When our mother was declining and required the full time assistance of both of us, my sister had to quit her job of 15 years. After our mother died we were evicted so that the landlady could renovate and increase our rent significantly, but we haven't yet found another place. My sister is still looking for a new job. I'm on soc. sec. and have 4th stage COPD. The LL wants us out NOW! She did give us an extension to Dec. 31, and we have been trying everything we can, but still aren't ready. Anything we can do?

1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Since your landlord owns your place, he or she can evict you for any reason as long as it is not an unlawful one. In my experience, many tenants overestimate their right to stay in their rental property. Whether you have or have not found a place yet is not contemplated in the law -- meaning that if your landlord has given you at least 60 days notice, it is on you to find a new place within those 60 days. If you cannot and you cannot successfully negotiate for more time, then your landlord is within his or her right to file a lawsuit to get you out. That takes time, of course. It is also possible the judge might rule against you (i.e. you lose the case), but you're given more time to move out under what is called a section 918 stay of eviction.

The extra time you'd get under a section 918 stay of eviction is limited, though. You ultimately need to move out. If you do not, then your county sheriff will forcibly remove you.

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