Can my landlord kick me out without notice?
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Can my landlord kick me out without notice?
I have been living in a detached room for 16 months and 6 months ago she gave me a 30 day notice to leave. Then 2 weeks later she said I could stay on a month-to-month lease which was never written up. Now I was short on rent today and she said that I have to be out by the end of the day or else when I go to work she is going to throw all my belongings out on the street. Can she do this?
Asked on May 5, 2012 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, she can not. If you are on a month to month tenancy and you do not pay your rent then she has to serve you (properly and I emphasise properly) a 3 day notice to pay or quit (generally but check procedure in your state). If you do not pay or leave she has to serve you with a petition for eviction. She can NOT enter your room and touch your things. She can get in to a lot of trouble. Can you go to legal aid or an attorney to call or write a letter to help you here? Good luck.
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