How long do you have after being served an eviction notice to vacate the premises?

Question Details:I was served with an eviction notice (10 days) after the landlord claimed I was 4 months behind which I am not. She appears to be senile. I don't have receipts. There was no written or verbal agreement on when rent was due or any kind of lease. I pay month-to-month and the notice was posted on my fence while I was out of town. How much time do I really have?

Asked 2 years ago under Landlord / Tenant | 2974 Views | More Legal Topics

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E.M., Member, California Bar | FreeAdvice Contributing Attorney Answered 2 years ago

How many days notice to leave does the eviction notice state? If it says 10 days, you have at least 10 days to leave on your own free will, and perhaps a bit more additional time depending upon the laws of your State since the notice was posted, not personally served upon you. The time runs from actual service of the document on you, or if posted on the fence, there is usually a few additional days given by State law. You need to confirm any additional days in such a situation. Also, your written lease might mention eviction and time to vacate.

If you do not want to leave voluntarily, you can stay and most likely be served with a lawsuit, called an unlawful detainer action in most States.

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