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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55719
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My daughter and three other girls have been living in a home

Resolved Question:

My daughter and three other girls have been living in a home in California since approximately April 1,2010. They each have their own room which they pay rent for and they all paid a month and a half security deposit. They each also split the utility bills. The all have paid their rent on time and have never missed a month. The lease holder is another girl and not one of these four. She has also been living there since April 1, 2010 and found the apartment and brought the others in, but did not put them on the lease. She is not the owner of the property. The home has been a revolving door and the lease holder has rented out the attic space and also her her own room to other girls because she cannot afford the rent and has admitted to making a profit from this and using the funds collected from the others to pay her share of he rent. She has also collected for utilities that she has not paid and they have had their internet turned off. She left the apartment the beginning of July, my daughter and the others have continued to live there and paid rent and utilities. She has now decided to come back and throw everyone else out. She states that they are squatters and have no legal right to be there since she is the only one on the lease, even though she has not technically paid her own rent or lived there for a while. The girls are frantically looking for a place, but what are their legal rights. She has given them 6 wks until Oct 1,2011 to find a place, but since this girl has exhibited exactic behavior in the past, the are very concerned what she will do. The are four young career women in their mid twenties who cannot afford an attorney and are scared and confused. What are their rights and what can and can't she the leaseholder, not the owner do? Thank you for your attention.
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Richard replied 6 years ago.

Good morning. With no written lease, your daughter and the others are each deemed to be month to month tenants. Since they are month to month tenants and they have been living there for more than one year, the leaseholder is required to give them at least 60 days written notice to terminate. But, if they don't leave, the law does not allow her to forcibly evict them without obtaining an eviction order from a court. What that means is that if termination date comes and they don't move out, she cannot simply change the locks or throw their things out. Rather, what she has to do is to first deliver a 3-Day Notice to quit...which basically says they have 3 days to leave or face eviction. But, even then, if they still haven't left, she must then file an unlawful detainer action with the court for an eviction order. Depending upon the backlog of the court, it can take anywhere from 15 days to a couple of months to get that hearing. Only when a judge has issued the eviction order can she have them evicted. That will buy them a good bit of time.



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