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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My sister's husband died almost two years ago from brain tumor.

Customer Question

My sister's husband died almost two years ago from brain tumor. They lived together at a house in San Mateo County, CA which is legally owned by my sister's mother in law. Her mother in law told her she's going to sell the house. Despite her pleas to stay for awhile until she gets on her feet and find work and place to rent, the mother in law still insists that it's her house and she wants to move out. Is there anything in place such as eviction law to protect my sister from this. I know my brother in law did not have a chance to write a will or living trust, so what legal rights do my sister have to stay if any?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Your sister has a right to 60 days notice before her mother in law can evict her (file an unlawful detainer). To initiate this process, the property owner (her mother in law) must give her a formal (written) 60 day notice terminating her tenancy, once she does, your sister has 60 days to find a new place to live. If she does not vacate the unit within this time, the landowner is entitled to file an "unlawful detainer" (eviction) lawsuit in civil court and can get a judgment of possession, they can then get a "writ of eviction" and the sheriff will forcibly evict your sister from the property (this process usually takes between 5-8 weeks depending on whether or not your sister appears in court to defend the matter.See: