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My father rented apartment when I was a minor and never put me on lease as an adult. Now he passed away. Can apt evict me?

Santa Clarita, CA |
Filed under: Real estate

How much time does the apartment company have to give me in order to remove my fathers and my belongings from apartment. We lived there for 16 years. Also this is California.

Attorney Answers 2

Posted

The landlord can evict you; however, if you remain on the premises, continue to pay rent as a "holdover tenant," and the landlord acquiesced or does nothing to evict you, you become a tenant under a month-to-month lease.

Regardless of your status, you can inquire with the landlord into whether you can be the new tenant. You should enter into a new written lease, if possible.

If the landlord decides to evict you, the process is costly and lengthy and at the end of it, the landlord must provide you with a Notice of Right to Reclaim Abandoned Property should any personal belongings of yours remain on the premises.

You should consult legal counsel regarding the specifics of your case.

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Posted

Yes, but the answer regarding how much time depends upon whether there is still an operative lease in effect (when did your father pass away?), and if so, what does it say, and whether you are still paying the rent and whether the landlord has accepted the rent.

Generally, if the landlord accepts the rent from you, it creates a new periodic tenancy (month-to-month), which would require the landlord to give you 30 or 60 days notice before being able to evict you.

The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author (who is only admitted to practice law in the State of California). For specific advice about your particular situation, consult your own attorney.

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1 comment

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Posted

The current lease is in effect until Dec. He passed away two weeks ago. We just had funeral 3 days ago. The Apt asked for the apt by the first of the month. I cant afford to pay the rent. How can I get more time. Can they just toss me out on Aug 1 or do they have to give me time since I am an established resident in the apartment and go through the "eviction" process.

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