3 Day or Quit paper from landlord in CA?

I have been asking questions but now I have a new problem. Basically my mother is my land lord. She knows I am moving out in 2 months and she said she was going to be doing things to the condo and I said she needed to give notice since I have a baby in the house (she was talking about renovating). She said it was none of my business and just showed up in my house painting. Argument erupted and she basically said she had the right to do anything she wants when she wants since it is her house (she does not live here i just rent the condo from her) then she adds she has the right over everything even to take my life since she gave it to me (I am now getting a restraining order since she said it the next day when I had to call the police). Police said she had 30 day notice. When they (her and stepdad) gave back rent they said here is your rent back for the security desposit for your next place now get out. Since they gave back rent they came back and said we dont
Additional Details
have 30 days since they gave rent back. Police told them other wise so they show up at my husbands work 3 days later with 3 day or Quit (pay rent or surrender the premises) the rent on the paper was doubled and I did exaclt what they advised with the rent money. I used it as a security despoit for a new place but I do not move in until the end of the month. I do not have money to give them since i did the security desposit and the paper didnt even look notarized it said attach narty form and the paper they gave it just a copy.

Can they really kick me out in 3 days?

I would certainly think they would need an eviction notice from a court to do so, but with your situation being so precarious, I would get some real legal help. It's all well and good asking on here but your asking a large % of people with no legal training, certainly not in this field and as such, how could you trust the answers?

There are a few web sites on the net which will give you your rights as a tennant, even if your lasndlord is your parents.

I found a flow chart on california eviction process, click on this for more info.. but it states she does have to take you to court which could take all in all another 20 days

http://www.expressevictions.com/flowchart.php

Whatever happens.

Good luck.

Additon

If the tenant doesn't voluntarily move out after the landlord has properly given the required notice to the tenant, the landlord can evict the tenant. In order to evict the tenant, the landlord must file an unlawful detainer lawsuit in superior court.

In an eviction lawsuit, the landlord is called the "plaintiff" and the tenant is called the "defendant."

An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond during the lawsuit is very short. For example, in most cases, the tenant has only five days to file a written response to the lawsuit after being served with a copy of the landlord's complaint.263 Normally, a judge will hear and decide the case within 20 days after the tenant files an answer.264

The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. The landlord must use the court procedures.

If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.265

In an unlawful detainer lawsuit, the court holds a hearing at which the parties can present their evidence and explain their case. If the court finds that the tenant has a good defense, the court will not evict the tenant. If the court decides in favor of the tenant, the tenant will not have to move, and the landlord may be ordered to pay court costs (for example, the tenant's filing fees). The landlord also may have to pay the tenant's attorney's fees, if the rental agreement contains an attorney's fee clause and if the tenant was represented by an attorney.266

If the court decides in favor of the landlord, the court will issue a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily. If the tenant does not leave by the end of the fifth day, the writ of possession authorizes the sheriff to physically remove and lock the tenant out, and seize (take) the tenant's belongings that have been left in the rental unit. The landlord is not entitled to possession of the rental unit until after the sheriff has removed the tenant.

The court also may award the landlord any unpaid rent if the eviction is based on the tenant's failure to pay rent. The court also may award the landlord damages, court costs, and attorney's fees (if the rental agreement or lease contains an attorney's fee clause and if the landlord was represented by an attorney). If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty.267 The judgment against the tenant will be reported on the tenant's credit report for seven years.268

It does not have to be notorized. It is the start of the eviction process. She starts the lawsuit in 3 days if you do not pay rent.

It will take her 30 days to get you out, but you will acquire an eviction on your credit report AND owe the rent money still. She can then either use a collection agency (most judges require this for 1 year) and eventually garnish your wages for the money you owe.

Your relationship to the landlord does not really come into play.

No, they can't. Call the police again.

I believe no matter what state you are in a formal eviction would have to take place which means them filing court papers and getting a court date which takes weeks, even months. If you are moving at the end of July i don't think you have anything to worry about but the only way to know for sure is to contact your local Dept. of consumer protection and ask about the laws concerning landlord / tenant in your state.

It sounds like you have a difficult relationship with your Mom, so I will forget about that relationship.

A landlord must give 24 hour notice to enter the property. They can not come and go when ever they want.

She can give you a 3 day or quit notice, but that notice requires that you correct a situation. What is the situation that she wants you to correct in 3 days or quit (move out)? You did pay the rent, they gave it back to get you out. She would need to give you a 30 day notice.

If you ignore the notice, she then needs to start legal eviction process. This will cause her to file papers at the courthouse, then set a date. You can then go to the court and explain what is going on.

By the time this is all settled, you should be ready to move into your new place. From how you described the situation, the court will side with you and you may have a case against your landlord.

No they cannot legally kick you out in three days, the pay or quit notice is the first step in the process of kicking you out

Once the thee days have past, the landlord then can file in court for eviction, not sure how many days for a court hearing, then you have a hearing the judge issues an order, then the landlord must take that order to the sheriff office to arranged a day to come out and remove you from the place

Your mother sounds really creepy. Several issues going on here. As for the eviction, your getting good advice from every responder. Tell her, "haha, go ahead," and wait it out. If your still there when the court date comes tell the judge you have another place and you only need this amount of time to stay. The judge will probably tell her to back off and leave you alone 'till then.

As for the restraining order, you can probably get that within 24 hours. Go to the police station and tell them you fear your mother and her boyfriend might hurt you. They'll tell you what to do. Once you have that, the next time you call the police they won't just get spoken to, they'll get arrested. But even if that doesn't happen, it will be more evidence against them if it gets to court. Plus it will prevent them from coming to your new place for any reason.

That's why I won't rent from a relative. When problem comes up, the relationship goes sour. Your mom actually has no right to come to your house start painting without your permission. But as she's your mom, you have to let her in. Now she wants you move out in 3 days. As a landlord, she has the right to refuse taking the rent and evict you. The 3 day notice is the first step of eviction. Then after 3 days, she can file an unlawful detainer to the court and the court will set up a hearing date. You'll then have a chance to defend yourself at court. If you have good reason, your mom can't evict you otherwise the judge will pass a court order and send a police officer to lock you out of the condo.

It sounds like you must not have a written lease; if so that means that you are month to month and she would need to give you 30 days notice for any change in the rent or eviction or whatever. She is allowed reasonable access to the premises for repairs and maintenance, however most landlords try to work with their tenants in such situations. I wonder if she has sold the place out from under you, or is trying to unload the property? Anyway; this is a prime example of why not to deal with relatives when it comes to money or financial matters. Try to patch things up with her, it sounds like you both might have anger issues.

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