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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23956
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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My husband passed away and I wasn't on the lease because we

Customer Question

My husband passed away and I wasn't on the lease because we lived in a senior citizen community I'm 39 and my husband was 64. He paid all the bills and when he passed away he was behind in the rent when he passed away I don't want to stay in the house but the landlord is trying to kick me out with in a week. Can he do that?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. Did the landlord give you any written notice? When you say they are trying to kick you out in a week, you mean they said they want you to move out or has any legal action taken place?

Customer: replied 1 year ago.
They sent a three day pay or quit notice
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. That is what I assumed happened, as a result of the rent not being paid. This is actual legal and the first step in the eviction process. I have provided a link below that addresses this and how you can respond and what you need to do, to cure it. Another issue which I want you to be aware of, is your age and it being below the required age to live in the community. I know you shared that he was a senior citizen, which allowed you to rent there but now that he has passed, the landlord may not be able to continue to rent it, since it could be a violation of the rules and regulations. As such, you may still need to vacate if their find out, even if the rent is paid and this is cured.

http://www.dca.ca.gov/publications/landlordbook/terminations.shtml

Customer: replied 1 year ago.
I don't want to stay there I was in the process of moving when I have called them to let them know my husband passed away and I was supposed to receive a call from the landlord but instead he sent the three day notice and I called them back to let them know that I was had half the house moved and I was in the process of moving the rest but to try to intimidate me by saying that since I was not on the lease I had no right to be there in the first place you know I live with my husband until he passed away in that house and he only gave me one week and I was trying to explain to him that I did not want to stay there I was packing and my husband I did not know he was behind in the rent in the money I did have which to bury him and he still want me to pay some rent since I was legally in charge of my husbands finances in this all happened within five weeks
Expert:  RealEstateAnswer replied 1 year ago.

How much more time do you think you need to be out of there?

Customer: replied 1 year ago.
At least two more weeks
Expert:  RealEstateAnswer replied 1 year ago.

The eviction process does take time, so even if you failed to pay and the landlord filed for eviction and started the process, you should be out by the time it actually goes to court and the eviction is ordered. With that being said, you may want to try and convince the landlord to allow you to stay the 2 more weeks, pack up and vacate, so he can avoid incurring the time, effort and cost in the eviction, since you will likely be out of there before it is ordered, making the issue moot.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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