How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Family Law
Satisfied Customers: 55463
Experience:  Attorney with 29 years of experience.
Type Your Family Law Question Here...
Richard is online now
A new question is answered every 9 seconds

Can my fiance kick me out of her house in o ne days notice

Customer Question

can my fiance kick me out of her house in o ne days notice after living there for 3 years. she also changed the locks
Submitted: 10 months ago.
Category: Family Law
Expert:  Richard replied 10 months ago.

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!

Expert:  Richard replied 10 months ago.

Hi John. Can you tell me in what state you are located? Thanks!

Customer: replied 10 months ago.
Expert:  Richard replied 10 months ago.

Thanks for following up. It will take me a few minutes to type a response. Thanks for your patience!

Expert:  Richard replied 10 months ago.

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!

Related Family Law Questions