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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 34914
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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My 5mo old son and I have been staying with a friend weeks

Customer Question

My 5mo old son and I have been staying with a friend for 3 weeks and his landlord came by with a verbal 72 hr notice. I know the notice is not legal. What rights do I have
JA: OK. The Real Estate Lawyer will need to help you with this.
Customer: Ok. How much Do you charge for consultation
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Thank you.
JA: Have you talked to a lawyer yet?
Customer: Yes, they said it's not a legal notice. I need to know if squatters rights will apply to me if I choose not to leave.
JA: What advice did they give you?
Customer: This happened to me last month when I was staying with my cousin, the lawyer said it was not legal, my cousin threw me out anyway. I started staying with a friend, even helped with rent, now my friend is trying to kick me out because he is afraid of retaliation or repercussions that may affect him negatively
JA: Anything else you think the lawyer should know?
Customer: Not that I can think of, that's about it. All hotels are booked and every place for rent in my price range is on a waiting list, otherwise I would just go. I just need to know my rights so I am not pushed around anymore. It sucks.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  LawTalk replied 4 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I empathize with your situation and that of your baby, but the law is not in your favor. Actually, there is no legal theory known as squatters rights. That is a slang term for taking possession of property without permission and staying there for a number of years in an attempt to gain legal title to the property. The real law is known as Adverse Possession and requires that you actually take control of the property for a period of time that varies from 5 years to as much as 20 years depending on the state you are in.

Staying with a friend for 3 weeks provides you with no legal entitlement to the rental unit as regards ***** *****

The verbal notice of course is not legal and neither you nor the renter have an obligation to obey it. However, if the landlord serves a written 3 day notice and you do not leave, then you and the legal tenant are subject to being evicted by the landlord through a court eviction process. Your friend has good reason to be afraid. Your friend is violating the rental agreement by having you move in without permission of the landlord and your friend will almost certainly be evicted right along with you if you do not leave after a legal, written 3 day notice is finally served on your friend.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,


Expert:  LawTalk replied 4 months ago.


Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,


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