Family Law Questions? Ask a Family Lawyer Online.
Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!
Hi John. Can you tell me in what state you are located? Thanks!
Thanks for following up. It will take me a few minutes to type a response. Thanks for your patience!
She absolutely cannot. When there is no lease and whether or not you are paying rent, you are legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under California law since you have lived there one year or more, she must give you at least 60 days written notice prior to terminate your tenancy. Then, if you don't leave, the law does not allow her to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, she cannot simply change the locks or throw your things out. Rather, what she has to do is to first deliver a 3-Day Notice to quit...which basically says you have 3 days to leave or face eviction. But, if you still don't leave, she must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the landlord have the tenant evicted. That will buy you a good bit of time.
Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!