Oceanside, CA asked in Real Estate Law, Civil Rights and Landlord - Tenant for California

Q: What are the laws on squatters rights?

I was recently was asked to leave the house I am living in with my boyfriend and dog. We have been living here for about 4 years and have demanded to leave ammediagly with no avocation and no place to go. What are the laws on this?? How much time do we have to find a place to live before we are kicked out on the street?

1 Lawyer Answer
Louis George Fazzi
Louis George Fazzi
Answered
  • Civil Rights Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: The property owner will have to serve you legal papers to begin the eviction process. If you are served with a summons and complaint, the summons will tell you how many days you have to file a responsive pleading. The process begins with service upon you by the property owner of a notice to vacate the promises, which will itself have a certain time within which you will be required to act. If you continue to stay at the property afterwards, then the property owner will have to file a complaint in court and then you will be served with the summons and complaint for unlawful detainer. After you are served with the summons and complaint, you will have at least five days within which to file your responsive pleading, called an answer, in your own defense. The whole process can take six months or more depending on the circumstances. You should have sufficient time to find another place to live if you start to search for other premises diligently. You should have begun doing this by now.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.