What are my rights?

[Brindle]

What is the name of your state? California.

I have lived in the same house as my grandmother since I was a child. She recently passed away in November. Now her daughter who is the trustee is trying to strong-arm me out of the house because she wants to sell it. I'm not trying to stay in the house too much longer, but I am not prepared yet to leave. She is trying to get me out by this weekend. I didn't pay rent when I lived with my grandmother, and I understand that since her daughter wants to sell the house and I'm not paying any rent that she wants me out. But like I said, she's just trying to strong-arm me out by this weekend and I'm not ready. So what are my rights? Does she have to serve me with some sort of paperwork? By her just trying to strong-arm me out, is she breaking some sort of law? Please I need answers immediately.
Less

 

[justalayman]

well, she can’t physically throw you out. She will have to deal with your removal through the courts.

 

[Brindle]

well, she can’t physically throw you out. She will have to deal with your removal through the courts.

Do you know this for sure? How do you know?

 

[Brindle]

So what should I do? Let's say she comes and tries to kick me out tomorrow?

well, she can’t physically throw you out. She will have to deal with your removal through the courts.

 

[Eekamouse]

So what should I do? Let's say she comes and tries to kick me out tomorrow?

You could offer to pay her rent instead of expecting her to allow you to squat there until you're ready move.

 

[FarmerJ]

Since you have lived there for more than one year your new landlord must write a real on paper notice to you telling you to get out and it is going to have to be a 60 day notice since you have lived there more than one year, WHY , in your state when you live somewhere for more than a year your state says your entitled to a 60 day notice , SO you don't have a written lease, again your state has spelled it out granting you the same rights as any other paid tenant and If your LL comes by to try to throw you out then call the police and tell them your LL is trying to self help evict you right now by coming to the property and trying to force you to vacate with out a proper notice. The police should come out and tell her she cant make you leave and to take you to court or that its a civil matter and talk to a attorney. Doing it this way isn't going to leave this relative of yours who is now your LL having a lot of joyous feelings toward you .

 

[Brindle]

Since you have lived there for more than one year your new landlord must write a real on paper notice to you telling you to get out and it is going to have to be a 60 day notice since you have lived there more than one year, WHY , in your state when you live somewhere for more than a year your state says your entitled to a 60 day notice , SO you don't have a written lease, again your state has spelled it out granting you the same rights as any other paid tenant and If your LL comes by to try to throw you out then call the police and tell them your LL is trying to self help evict you right now by coming to the property and trying to force you to vacate with out a proper notice. The police should come out and tell her she cant make you leave and to take you to court or that its a civil matter and talk to a attorney. Doing it this way isn't going to leave this relative of yours who is now your LL having a lot of joyous feelings toward you .

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.

 

[justalayman]

If there are no utilities it may be possible to get you out very quickly. Houses can be condemned if there is no running water and the health department can demand immediate Vacancy.

I

 

[Brindle]

W

If there are no utilities it may be possible to get you out very quickly. Houses can be condemned if there is no running water and the health department can demand immediate Vacancy.

I

We have water. And we were paying for the electricity until this last bill came.

 

[justalayman]

For some reason I thought you had writtt right you don’t have water. The others generallly aren’t a basis, alone, to condemn the house.

 

[Brindle]

For some reason I thought you had writtt right you don’t have water. The others generallly aren’t a basis, alone, to condemn the house.

No. We have water. Just not the others

 

[adjusterjack]

No. We have water. Just not the others

Nobody's depriving you of utilities. You can pay for them and keep them going.

Adding to FarmerJ's post here is the CA statute on termination of tenancy. Yes, the 60 day notice does have to be in writing.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.

Make copies and keep them handy.

 

[justalayman]

Nobody's depriving you of utilities. You can pay for them and keep them going.

Adding to FarmerJ's post here is the CA statute on termination of tenancy. Yes, the 60 day notice does have to be in writing.

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1946.1.

That wasn’t the point jack. I asked about utilities based on a concern of the home being condemned for lack of water services. That could allow the health department to demand they vacate the premises.

That was opposed to having to evict the op through the courts.

 

[Zigner]

I disagree on the notice period. The OP was never a rent-paying tenant who would be entitled to a 60-day notice. The OP is a tenant-at-will and is only entitled to a 30-day notice.

Yes, this is true for tenants at will even if they have lived in the residence for more than a year.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=789


Just to be thorough - here are the methods of service allowed:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=1162

 

[Brindle]

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.

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?