30 day notice to quit
I have been living with my fiancee for over 20 years.Getting married has always been put on the back burner due to one crisis or another–added to the fact that we have numerous disagreements and arguments.
The most recent crisis between us is the fact that his 21 year old daughter moved in over a year ago and
does not help financially, physically or socially in the well being of the household. I have flat out told her I will not tolerate her rudeness and laziness.
She then went to her father, crying about how horrible I am, and that she hates me and coming home.
Her father has sided with her and has told me he is going to serve me with a 30 day notice to quit.
Since we never had a written rental or lease agreement and I have always lived with him as his ”partner” not a tenant–how could he possibly serve me a notice to quit on something I ”never
started?”
Any advice would be greatly appreciated as I am at my
wits end about this whole fiasco!!
SS
Re: 30 day notice to quit
the 30 day notice is the correct method in this situation. You may have a defense as a property right holder if you had an implied or written or oral partnership agreement.
http://www.4thelaw.com
Joel Selik
http://www.SelikLaw.com
Box 1448
San Diego And Las Vegas, CA 92079
Re: 30 day notice to quit
I assume what your partner meant was an eviction notice to move out!! Now these cases are controlled by the Marvin v. Marvin line of cases. If domestic partners have entered into an oral or written contract to split property, own 1/2 of everything they buy during the union, etc., it would be wise to file a lawsuit to get your 1/2 interest of the property.
Norman Gregory Fernandez, Esq.
The Law Offices of Norman Gregory Fernandez & Associates
9909 Topanga Canyon Blvd., Suite #188
Chatsworth, CA 91311
Re: 30 day notice to quit
Whether your “partner” can give you a 30 day notice depends upon who owns the property. If your “partner” owns it, then a 30-day notice might work. If you and your partner own the property, your partner cannot simply give you a 30-day notice, and cannot win an unlawful detainer action against you (an eviction action). If you and your partner are renting or leasing the property, and both of you are tenants of the landlord, then the only person that could give the 30-day notice would be your landlord, not your “partner.” In either case, the only way to legally force you to leave, is through a lawsuit filed against you.
Moreover, you should probably speak with a family law attorney to determine what your rights and remedies might be. Although you have not been married, you do rights similar to married persons who get a divorce. The sooner you speak with a family law attorney, the better off you will be.
Roy Hoffman
Law Offices of Roy A. Hoffman
13800 Heacock Street, Suite C126
Moreno Valley, CA 92553-6264