Legal Question in Landlord & Tenant Law in California

What are the Eviction laws for the state of California?

My husband and I live with his mom and step-father. We did not sign a lease or any other paperwork, though we do pay rent. We have lived with them for 7 years, helping take care of them.

Can they evict and can they serve us themselves? Or do they have to have someone else do it?


Asked on 2/11/13, 7:28 am

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

You need to review the attached link materials. http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

Basically you are tenants and you would be entitled to a 60-day notice terminating your tenancy with your relatives. The relatives could serve you with the initial 60-day notice but any legal notices would need to be served by an uninvolved party.

I would recommend that you and your husband consider working out a mediated move-out agreement with the older couple. Situations of the type you are describing are often better resolved without going to court if possible.

Good luck with this.

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Answered on 2/11/13, 10:47 am


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