Modesto, CA asked in Landlord - Tenant for California

Q: I have lived in my house for 2 years this June, and I was just served with a 60 day notice to vacate-with no reason.

Can she really do this. I am a single mom of a six year old girl.

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2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Landlord Tenant Lawyer
  • Mill Valley, CA
  • Licensed in California

A: Unfortunately, unless you have a lease which has not yet expired, or live in one of the very few jurisdictions that have eviction controls, a 60 day notice is all that is needed. However, the notice can not be given in retaliation for the exercise of your rights as a tenant.

David Piotrowski agrees with this answer

David Piotrowski
David Piotrowski
Answered
  • Landlord Tenant Lawyer
  • Valencia, CA
  • Licensed in California

A: Assuming you are not in a rent-controlled area and are on a month-to-month tenancy, then yes, the landlord can serve you with a written 60 day notice to move. You would then have 60 days to move. If you do not move within the 60 days, the landlord would then be able to file an unlawful detainer (eviction) case against you for holding over. If you need a little more than 60 days to move, perhaps you can reach out to the landlord and see if he/she would be willing to give you a little extra time. Note, however, that the landlord is not under any duty to extend your tenancy.

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