Unlawful Eviction California Tenants

Summary

In California, a tenant who has resided in a property for over a year is entitled to a 60-day eviction notice. The notice should clearly state the reason for eviction. If the tenant has not received a formal eviction notice, the eviction may be considered unlawful. The tenant in this case received a notice to move out, but it was not a formal eviction notice and did not state a reason for eviction. The tenant is advised to seek legal counsel to understand their rights and possible recourse.

Full Conversation

My roommate is trying to kick me out for no reason I've been living here for *+ years
Do you have a written lease agreement with your roommate or the landlord?
No
What state are you currently residing in? This will help me provide you with the most accurate information regarding tenant rights in your location.
California and I'm not on the lease. Legally doesn't she have to if I've been here more then * weeks in any 6 months period
Have you received any formal eviction notice from your roommate or the landlord?
In California, if you've lived in the property for over a year, a *-day notice is generally required for eviction.
No just a notice
What does the notice say? In California, a written notice is required for eviction. It should state the reason and provide a certain period to vacate.
There's no reason
What is the duration given in the notice for you to vacate the premises?
In June she gave me 90 days and today she said Sunday. I have a child and I have a place but I'm waiting for the people to move out
What is the date mentioned in the notice for you to vacate the premises? This will help determine if the notice period is legally sufficient.
Oct 1st
What is the date you received the notice? In California, the law requires:
- 60 days notice if you've lived there for a year or more
- 30 days notice if less than a year.
90 days before Oct 1st
Based on the information you provided, it seems like your roommate has given you a legally sufficient notice period. Is there anything else I can help with?
The roommate is my mother but I get mail here I've lived and paid rent for 5 years since I've been here she can't be patient to wait for my spot to open up to be able to move
What is the expected date for your new place to be available?
I'm not sure I'm waiting for the people to move out
What is the latest date you can move into your new place?
Honestly I don't know it's a manger who lives at a motel
What is the name and location of the motel where the manager lives?
Why
The name and location of the motel could be useful if you need to contact the manager regarding your move-in date.
I can't contact them only the main boss who owned the motel
What is the name and contact information of the main boss who owns the motel?
I have his info
What is the expected date you can vacate your current premises?
* weeks maybe
What is the reason your roommate (mother) is asking you to leave?
She doesn't have a reason
What is the exact date you received the eviction notice?
July 4th
What is the exact reason mentioned in the eviction notice?
She didn't say
What is the exact wording of the eviction notice you received?
Other then "to let me go"
What is the exact date you can vacate your current premises?
I'd say * weeks
What is the exact date you plan to vacate the premises?
When ever I get the call that the other people are gone
What is the name and contact information of the person you are waiting to hear from about the new place?
Why
Knowing the contact information of the person you're waiting to hear from could be useful in case you need to follow up about your move-in date.
I have there information
What is the name of the motel where you are planning to move?
My room mate didn't give me an eviction notice but doesn't she have to?
In California, if you've lived in a place for over a year, a *-day notice is generally required for eviction. Since you've been there for 5 years, your roommate should provide a *-day notice.
So an eviction notice is papers served right
Yes, an eviction notice is a written document that is served to the tenant. It must state the reason for eviction and provide a certain period to vacate.
Ok that's not what she gave me. She types up herself a move out notice and also she never said anything to me only text messages
What does the move out notice state? In California, a written notice should clearly state the reason for eviction and provide a *-day notice period for tenants who have lived in the property for over a year.