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Landlord just served me 30-day eviction notice in California - how long do I actually have?

Started by TenantStressed_OC · Jun 28, 2024 · 6 replies
For informational purposes only. Not legal advice.
TS
TenantStressed_OC OP

Landlord knocked on my door today and handed me a "30-Day Notice to Terminate Tenancy." Says he wants to move his daughter in (we're in Orange County).

I've been here 3 years, always paid on time, no issues. Rent is $2,400/month and everything comparable nearby is $3,200+. I really don't want to move.

Questions:

  • Do I have to be out in exactly 30 days?
  • What happens if I don't move out?
  • How long is the actual eviction process if he files in court?
  • Can I fight this under AB 1482?

I have two kids in school and can't afford to move right now.

TL
TenantLawyer_SD Attorney

First, verify that this is a lawful termination under AB 1482. "Owner move-in" is a valid just cause ONLY if:

  • The owner (or their parent, child, grandparent, grandchild, sibling, or spouse) will occupy the unit for at least 36 months
  • You've been there more than 12 months (you have - 3 years)
  • The landlord provides proper written notice with specific AB 1482 language

Timeline if you don't move:

Day 30: Notice expires, landlord can file unlawful detainer
Day 35-40: You get served with eviction lawsuit (5 days to respond)
Day 50-60: Court hearing if you file an answer
Day 65-75: Judgment if you lose
Day 70-80: Sheriff lockout (5 days after judgment)

Total: 70-80 days minimum from initial notice to lockout, often longer if contested. You can use an eviction timeline calculator to model your specific situation.

TS
TenantStressed_OC OP

The notice doesn't mention AB 1482 at all. It just says "30-Day Notice" and "owner move-in." Does that matter?

Also, if the timeline is 70-80 days, that gives me more time to find a place. Should I just stay put and look for housing?

TL
TenantLawyer_SD Attorney

YES that matters. AB 1482 requires the notice to include specific language about just cause, your rights, and relocation assistance (if applicable). If the notice is defective, the landlord will lose in court.

Requirements the notice must include:

  • Statement that termination is under Civil Code Section 1946.2
  • Specific just cause reason (here: owner move-in)
  • Information about one month's rent relocation assistance
  • Statement of your right to dispute

If your notice is missing these, you have a strong defense. The landlord would need to serve a NEW compliant notice and start the 30-day period over.

TR
TenantsRights_Activist

Also - you're entitled to relocation assistance! For owner move-in evictions under AB 1482, the landlord must pay you one month's rent ($2,400) either:

  • Before you move out, or
  • As a waiver of your last month's rent

Did the notice mention this? If not, it's defective and you can challenge it.

Document everything. If the landlord's daughter doesn't actually move in within 90 days, or moves out before 36 months, you can sue for wrongful eviction and recover significant damages.

TS
TenantStressed_OC OP

UPDATE: Consulted with a tenant rights attorney. The notice is completely defective - missing all the AB 1482 requirements and no mention of relocation assistance.

Attorney sent landlord a letter explaining the deficiencies. Landlord called me today and offered to let me stay if I agree to a $200/month rent increase to $2,600.

I'm considering it since market rate is $3,200. Seems like he just wanted more rent and used the "daughter moving in" as leverage.

Related Calculator

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Eviction Timeline Calculator

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