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What are my rights?

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Zigner

Senior Member, Non-Attorney
Did you say I should let the police know that the LL is trying to self help evict me? Did you mean self evict or self help evict?
A "self-help eviction" is one in which the tenant is thrown out without proper notice and/or due process. Things like changing the locks, shutting off utilities, etc., are considered to be "self-help" evictions.

If you get locked out, definitely call the police.

ETA: I don't believe you are entitled to 60 days notice - only 30 days. You are a tenant-at-will and a tenant-at-will is only entitled to a 30-day notice. I would plan to be out before that.
 


Brindle

Member
A "self-help eviction" is one in which the tenant is thrown out without proper notice and/or due process. Things like changing the locks, shutting off utilities, etc., are considered to be "self-help" evictions.

If you get locked out, definitely call the police.

ETA: I don't believe you are entitled to 60 days notice - only 30 days. You are a tenant-at-will and a tenant-at-will is only entitled to a 30-day notice. I would plan to be out before that.
Another attorney just told me sixty days also. And she already changed the locks and never gave me a Key. Maybe I should have called the police then. But like I mentioned before, I'm really not trying to cause her problems.
 

justalayman

Senior Member
Another attorney just told me sixty days also. And she already changed the locks and never gave me a Key. Maybe I should have called the police then. But like I mentioned before, I'm really not trying to cause her problems.
If the locks are already changed, isn’t this discussion kind of academic?
 

Zigner

Senior Member, Non-Attorney
Another attorney just told me sixty days also. And she already changed the locks and never gave me a Key. Maybe I should have called the police then. But like I mentioned before, I'm really not trying to cause her problems.
Ask the attorney (I am not an attorney) why you aren't considered a "tenant at will" under California law.
 

justalayman

Senior Member
789.
A tenancy or other estate at will, however created, may be terminated by the landlord’s giving notice in writing to the tenant, in the manner prescribed by Section 1162 of the Code of Civil Procedure, to remove from the premises within a period of not less than 30 days, to be specified in the notice.



Covina Manor v. Hatch(1955) 133 CA2d Supp 790


1] "A tenancy at will is an estate which simply confers a right to the possession of premises leased for such indefinite [133 Cal. App. 2d Supp. 793] period as both parties shall determine such possession shall continue. ... [2] The tenant at will is in possession by right with consent of the landlord either express or implied, and he does not begin to hold unlawfully until the termination of his tenancy. [3] His estate is a leasehold and he holds in subordination to the title of the landlord." (51 C.J.S. p. 762, § 156.) [4] And "A permissive occupation of real estate, where no rent is reserved or paid and no time agreed on to limit the occupation, is a tenancy at will." (51 C.J.S. p. 766, § 159. See also Jones v. Shay (1875), 50 Cal. 508; Hayden v. Collins (1905), 1 Cal. App. 259, 265 [81 P. 1120].) [5] It is equally well settled that "one who enters upon land by permission of the owner under a void parol contract, or under a void lease, or pending unexecuted negotiations for a written lease, is a tenant at will." (Carteri v. Roberts, supra (1903), 140 Cal. 164, 167, and see also Norton v. Overholtzer (1923), 63 Cal. App. 388, 395-396 [218 P. 637].)


Barring a valid rental agreement, it surely sounds like you have a tenancy st will. 30 days notice it is unless there is more to the story.
 

Eekamouse

Senior Member
I understand it won't leave her with joyous feelings but she hasn't even tried talking to me directly, not once. I receive my mail here and I'm right in the middle of an edd claim, waiting for written approved in the mail. Otherwise I would leave, just to avoid any more drama and tension. This house isn't a home anymore. Not since my Grandmother's passing. I have no electricity, no gas, no heat. It's not like I'm enjoying this. I just needed to know my rights. I thought something needed to be in writing, so thank you for confirming that for me. And since I have lived here longer than a year, thirty years actually, I appreciate that the state believes that I deserve sixty days. Thank you again.
Instead of waiting for approval for your edd claim, you should be seeking new employment. You aren't going to be able to afford a new place to live with the small amount you'll get from unemployment and you won't be able to get into an apartment without a verifiable income anyway.
 

Shadowbunny

Queen of the Not-Rights
Another attorney just told me sixty days also. And she already changed the locks and never gave me a Key. Maybe I should have called the police then. But like I mentioned before, I'm really not trying to cause her problems.
So how did you get into the house?
 

Brindle

Member
If the locks are already changed, isn’t this discussion kind of academic?
She called the cops just now and they told me I have to be out in 3 days, because I don't pay rent. I referred to the information I got but the police still said no I only get 3 days because I am a single lodger. I actually spoke to two other attorneys who told me 60 days also. So what's going on here? Can somebody help me out with this... single lodger?
 

justalayman

Senior Member
She called the cops just now and they told me I have to be out in 3 days, because I don't pay rent. I referred to the information I got but the police still said no I only get 3 days because I am a single lodger. I actually spoke to two other attorneys who told me 60 days also. So what's going on here? Can somebody help me out with this... single lodger?
Does she also live there?
 

justalayman

Senior Member
Like I explained before... My grandmother lived there and I lived there with her. But my grandmother passed away recently, and her daughter is the trustee and wants to sell the house.
For there to be a single lodger condition, the owner must also live there

If the home was in a trust, the single lodger condition cannot exist

So, was the home in a trust when your grandmother lived there?
If not, did you pay rent?
If you did, did more than one person pay rent to live there?
 

Brindle

Member
For there to be a single lodger condition, the owner must also live there

If the home was in a trust, the single lodger condition cannot exist

So, was the home in a trust when your grandmother lived there?
If not, did you pay rent?
If you did, did more than one person pay rent to live there?
Yes it was put into a trust in 2011. I was not paying rent. Just us lived there.
 

Eekamouse

Senior Member
For there to be a single lodger condition, the owner must also live there

If the home was in a trust, the single lodger condition cannot exist

So, was the home in a trust when your grandmother lived there?
If not, did you pay rent?
If you did, did more than one person pay rent to live there?
She didn't pay rent.
 

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