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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31917
Experience:  JD, 16 years legal experience including family law
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Fred lived with ME for 7 yrs. without any type of pre-nup and/or

Resolved Question:

XXXXX XXXXXved with ME for 7 yrs. without any type of pre-nup and/or lease involved...Do I need to give him 30-days notice to vacate, as he wants this in writing and said it's according to the law?
Submitted: 3 years ago.
Category: Family Law
Expert:  Tina replied 3 years ago.

I am an attorney and will strive to provide you with legal information to assist you but cannot give you legal advice, represent you, or enter into an attorney-client relationship through this open forum. Do you accept these provisions as well as Justanswer.com's disclaimer?

Please respond with a Yes or No to continue. Thank you.

Customer: replied 3 years ago.
Yes
Expert:  Tina replied 3 years ago.
Thank you.

This is considered a month to month or periodic tenancy normally.

A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. You must give 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.201 However, you only must give 30 days advance written notice in either of the following situations:

  • Any tenant or resident has lived in the rental unit less than one year;202 or
  • The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice
  1. The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
  2. The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
  3. The landlord must not previously have given you a 30-day or 60-day notice, and
  4. The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.) 203

The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".204

Please see the following link for more information:

http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml

Best regards XXXXX XXXXX season,

Tina

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Expert:  Tina replied 3 years ago.

A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.201

The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".204



Edited by Tina on 12/1/2010 at 8:32 PM EST
Tina, Lawyer
Category: Family Law
Satisfied Customers: 31917
Experience: JD, 16 years legal experience including family law
Tina and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Tina - Thank you very much...your answer has assisted me, however, I prefer to provide you a payment of $25.00 please.

 

ME

Expert:  Tina replied 3 years ago.
I am contacting customer service.
Customer: replied 3 years ago.
Why are you contacting cust. service?
Expert:  Tina replied 3 years ago.
Because I do not have the ability to process payment or assist you other than providing legal information. They can respond to your request.

Take care.
Customer: replied 3 years ago.
Ok - Thanx very much Tina !
Expert:  Tina replied 3 years ago.
You are welcome!

Take care!

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