Q: Can my brother kick me out?
So before my dad passed away he made a trust and left everything to my brother, which wasnt his real son by blood including the house which still had a mortgage. My dad and my brother told me that the house was only being left to him because he is older and it was easier but he was supposed to take care of me and make sure that I had a roof over my head. My brother doesn't live in the house with me and I pay him rent which covers about 3/4 of the mortgage payment. Is it legal for him to kick me out?
A:
If your brother is the legal owner of the house through the trust and you are paying rent, you are likely considered a tenant. In California, a tenant with a month-to-month rental agreement can be evicted with proper notice. Your brother must follow the state's eviction laws, which typically require a 30-day written notice for a month-to-month tenancy.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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