If my uncle wants to evict me, does he have to present me an eviction notice? 6 Answers as of January 22, 2015

In June, my grandpa died, leaving his house to my mom, uncle, and aunt. My family and I live in his house and for the first year, it was under my mom's name (she took care of him). After that year was up, mom said to pay what we could in rent and that the house would soon be under all 3 names once the inheritance went through. Last week, she said that my Uncle wants us out by the end of January. He has not contacted me, he has only contacted mom through their attorneys. We have been here from July 2013 to now, December 2014. We paid rent until September 2014, with the exception of using the money to make repairs on the house (per mom's request). My question is: would he need to present ME with an eviction notice? I read that it had to be 60-90 days. We are unable to get our own home until March, our credit isn't high enough.

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LAW OFFICE OF ROBERT I LONG
LAW OFFICE OF ROBERT I LONG | Robert I. Long
That is a really tough question to answer. In California, in a normal rent situation, once you have lived there as long as you have, the landlord must give the tenant a 60-day notice. In trust and probate proceedings, however, where someone has been living in a place, paying less than fair market rent (the amount a stranger would be required to pay), I've seen the probate judge order people out within fairly short time periods, as little as a week if they pissed the judge off, so it is hard to say. Ask your uncle to serve you with a 60-day notice. By the time the Sheriff shows up to lock you out, it will be late April.
Answer Applies to: California
Replied: 1/22/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
Yes, he (or one of the owners) should have you served with eviction papers.
Answer Applies to: California
Replied: 12/23/2014
Law Offices of George H. Shers | George H. Shers
In order to evict a tenant who has paid or promised to pay rent, a landlord must give written notice. Each state varies as to how that must be done, but in California it requires either a three day notice for failure to pay rent or some other act against the tenancy or thirty days that the lease term will not be renewed. If the tenant does not pay rent, cure the problem, or leave within those time frames, the landlord has to file an unlawful detainer suit in the local court. But if the property is jointly owned, as is your case, all the owners must agree as to the eviction. Your mother has the same legal rights to occupy the house or rent it out as your uncle does. So if your mother does not agree to your being evicted, your uncle can not evict you.
Answer Applies to: California
Replied: 12/23/2014
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
No. If you are a minor you don't need to be served. Also, if he serves your mother and "unknown occupants" you are legally served. It sounds like there is more going on than you have been told.
Answer Applies to: California
Replied: 12/23/2014
James Law Group
James Law Group | Christine James
Yes he does but if you let it get that far you will possibly have an eviction on your credit.
Answer Applies to: California
Replied: 12/23/2014
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