I am be'ing evicted from family home wich belongs to a living trust in which I am a benificiary with a 60 day notice. After 60 days expired he served me with a Three Day Notice To Pay Or Quit, Do i have to move out in 3 days or does he have to evict me, since the 1'st eviction was done personaly not through the court system.Do I have to move or does he have to officilly evict me through the court system? Can I be evicted from an estate that i part of?
If trustee served you with a three day notice and you pay the rent the 60 day notice will be void. If rent is not paid the trustee may file an eviction action against you. The trustee must use the court system to evict you. You can be evicted even though you are a beneficary of the trust.
Mr. Freitas is an attorney licensed in the State of California. The answer provided here is general information and not intended to be specific legal advice. There is not attorney client relationship created by Mr. Freitas' answering any question on this website.
Yes, you can be served with a 3 day notice to pay rent or quit after being served with a 60 day notice.
I think you are getting confused between an unlawful detainer lawsuit and an eviction. They are actually the same thing. All evictions require a lawsuit, even with the 60 day notice.
You will probably need to consult with a tenant's attorney who can examine the living trust as well as the two notices you received.
Frank W. Chen has been licensed to practice law in California since 1988. 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. For specific advice about your particular situation, consult your own attorney.
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