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socrateaser, Lawyer
Category: Legal
Satisfied Customers: 38903
Experience:  Retired (mostly)
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Landlord tenant problem, five minutes ago. no answer on

Customer Question

landlord tenant problem, five minutes ago. no answer on email left phone number. no ans. number was(###) ###-#### ***** voss
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.


Different contributor here. The other contributor with whom you engaged, is licensed to practice law in Kentucky. That's probably suboptimal for you.

I am licensed in California and I have comprehensive knowledge of landlord-tenant law. That said, you asked:

my landlord died last saturday. Unfortunate for me, he is the leaseholder and I am not tenant. I was told by a coroners investigator tha they can kick me out. with as little as 15 days notice. Is that true.. they plan to sell the mobile home to collect funeral costs. can they do that. what is my recourse? I thought they had to give me 30 days notice.

A: If you were paying rent to the leaseholder, and he or she had authority to rent to you, then you are a lawful subtenant, and you are entitled to 30 day notice (60 days, if you have resided in the rental for at least one year).

If the leaseholder did not have authority to rent to you, then the issue becomes somewhat more difficult, because the question is whether or not the park management was aware of your tenancy. If yes, then you are entitled to 30-day notice as a tenant at will. Otherwise, you would be residing in the property as a trespasser, and you could be removed by law enforcement without notice.

Now, before you get scared that you will be thrown out, law enforce almost never exercises the option to remove a person who can show that they have resided peacefully in a property. So, if you have evidence that you have resided in the property for at least one month, then the landlord will have to file an unlawful detainer action, and that will require at least 17 days to get the sheriff to remove you. And, that's the worst case scenario. Most unlawful detainer actions take considerably longer --typically 30-45 days.

So, I think you may be worrying unnecessarily about your circumstances. Nevertheless, it's a good idea for you to start looking for a new residence, because as a general rule, leaving peacefully is better than the alternative.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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