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    tesla15a's Avatar
    tesla15a Posts: 1, Reputation: 1
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    #1

    Sep 10, 2011, 05:32 PM
    3 day eviction notice
    My grown son moved in with me... He has his medical marijuana card. Yesterday we were raided. The police found a very small amount of coke on my son. I do not do drugs! I live with my two young sons. My landlord gave me a 3 day notice to leave. I have kicked out my older son. And asked the landlord if we could stay. He said no. Rent is always paid on time and we rent month to month right now. My lease was up in August. I will leave if he wants me to, but I have no where to go right now. I need about 30 days to find a place. What are my rights? Can the police come and make me leave on Monday? Or does the landlord have to go to court to get my out? I don't want it to come to that... But 3 days is not enough time. And how long does the eviction process take. I am going to go talk to him tomorrow... Do I really have to be out in 3 days? I live in California. Thanks!
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Sep 10, 2011, 05:55 PM
    The standard is a 3 day notice to vacate. Then if you do not leave, the landlord must go to court and file formal eviction paperwork, you will be served with the summons and complaint. Then a hearing date is set down and you will have your say before the Judge. The judge is the one who issues the order of eviction giving you so many days to vacate the premises. It all depends on how backed up the court docket is for this to happen. The landlord is well within his rights asking you to leave as he does not want any illegal drug activity on his premises as his property can possibly be seized (I've seen it happen but for a much larger amount of drugs present).

    The 3 day notice is just the beginning of the process he must adhere to to do this legally.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Sep 10, 2011, 06:21 PM
    Yes, under CA law he can give you a 3 day notice under the circumstances. Whether he will win in court is another matter. The problem is whether you want an eviction on your record.
    tjebert's Avatar
    tjebert Posts: 5, Reputation: 1
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    #4

    Sep 12, 2011, 11:48 AM
    If you do not want an eviction on your record, you must leave within those 3 days, if you stay you may not have an eviction on your record, but if the judge decides to evict you, life will just get worse
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