QUESTION
Is an eviction letter from his attorney legal and can I get an extension?
Asked on Aug 29th, 2016 on Landlord and Tenant Law - California
More details to this question:
My ex-husband after asking me to move in as his caretaker due to his illness, and unable to manage self-care nor the care of our son. Due to the volatility of our relationship including domestic violence of mental and emotional nature, he has given me a 30 day notice to vacate, and still expects me to continue my duties. We also made a verbal agreement that he wouldn't throw me out on the street if and when things didn't work out, based on our past history. He is offering to have his lawyer speak with me regarding a menial compensation, however, I need more time to find a place to live and steady income so I can obtain custodial rights to our child. The eviction notice was sent by mail, which I found, and which was not personally handed to me by a sheriff. It was mailed by his lawyer.
2 ANSWERS
If you mean a three or thirty day notice to vacate, it must be personally served on you or after several unsuccessful attempts by giving it to someone reasonably likely to past it on to you or posting on the building and mailing a copy to you. That does not have to be done by the sheriff, but it can not be done by any party to the potential lawsuit. So it would seem there was no valid service. Contact his attorney and tell him that and that there was an oral agreement that he would not evict you and thus a notice to vacate would be improper. ?Point out you plan to leave but are still looking for a place to go to.
Answered on Sep 26th, 2016 at 5:39 AM
Yes, it is legal notice. If your service there is in lieu of rent and you've been there less than a year you have 30 days to vacate.
Answered on Sep 23rd, 2016 at 12:50 PM