some guy owns a house who he let some Marines (my friends) live in with no lease, now he wants them out so he an his Girlfriend can move in. ( i think its messed up ) but he wants to give them like a 3 day notice. i was wondering, can he do that, or does it have to be a 30 notice? i know they are paid up till jan and are currently packing now. but wont be out till later in the Month and this guy wants them out on the 20th. i just nee advice on what to tell them or help them with. 

First question is: What do they have in writing?????? If nothing....they are SOL...... 

they have nothing in writing Tom it was all verbal. they have been living there almost a yr, i think and who is SOL? 

Shi* Outta Luck 

If they are renting on a month to month basis they are still legally obligated to give a 30 day notice to vacate. Same as the tenant would have to give 30 days notice to their landlord if they didn't want to rent from him anymore. They are legal residents of the home & can't be illegally evicted, especially if they are good tenants with a perfect payment record. Did the landlord serve them with an eviction notice in writing? 

There is NO rental agreement of any sort, it is all verbal....Try making that stand up in a court of law....

In an oral rental agreement, you and the landlord agree orally (not in writing) that you will rent the rental unit. In addition, you agree to pay a specified rent for a specified period of time —for example, a week or a month. This kind of rental agreement is legally binding on both you and the landlord, even though it is not in writing. However, if you have a disagreement with your landlord, you will have no written proof of the terms of your rental agreement. 

Here, maybe this will help clear things up

California landlord/tenant book index 

There is NO rental agreement of any sort, it is all verbal....Try making that stand up in a court of law....

They can show proof of monthly payment, as well as proof of residency by mail (ie utility bills, credit card statements). They have been living there for a year, they have to have some proof. 

They can show proof of monthly payment, as well as proof of residency by mail (ie utility bills, credit card statements). They have been living there for a year, they have to have some proof.

Do you actually think a couple of Marines will run this thru the court system....I doubt it.... 

If they are illegally evicted they can turn around and sue the landlord. 

If they are illegally evicted they can turn around and sue the landlord.

But MOST won't is what I was getting at... 

they will 1 of the Marines is Married with a child. they can showproof, they have it direct deposited to his his acct.
i just want toknow how many days notice by law he has to give 

they will 1 of the Marines is Married with a child. they can showproof, they have it direct deposited to his his acct.
i just want toknow how many days notice by law he has to give 

But MOST won't is what I was getting at...

yep, because everything was 'he said she said'. 

If you clicked the link I provided it goes over everything. 

an if they have till the end of the month since they are paid uptill then 

If you clicked the link I provided it goes over everything.

Went there, read that....But the chances of them taking the landlord to court is slim...and besides, we are only hearing one side of the story...as usual on here.....LOL 

If the landlord gave them a written three day notice; I would certainly hope it falls within the specific reasons stated by law....but...like I said we only know half the story... 

yep, because everything was 'he said she said'.

Evidence prevails over "He said, She said" in a court of law.

If the residents can show proof of monthly payments, that's good enough to hold up in court. 

an if they have till the end of the month since they are paid uptill then

If the landlord hasn't properly served them with eviction papers, they don't have to legally vacate the residence. As long as the tenants keep paying & the landlord keeps accepting the monthly payments. 

there is no surcumstances to rate the 3 day notice he is apparently dating thereone of the Marines 19 yr old Daughters and had a falling out wit him. they dont want to go to court, they are already moving out its just going to take them longer than what the owner wants. plus they are paid till the 1st any ways. 

OK,LETS GET THIS STRAIGHT. MY FRIENDS ARE ALREADY MOVING OUT, BUT HE WANTS THEM OUT ON THE 20TH. THEY HAVE PAID THERE RENT TILL THE 1ST. I JUST WANTED TO KNOW HOW LONG LEAGILLALY DOES HE HAVE TO GIVE THE NOTICE?I HAVE SEEN 3-7-30-AND 60. JUST LOOKING FOR ADVICE FOR THEM. AND CAN THEY ATLEAST LEAGALY STAY TILL THE END OF THE MONTH. THANKS 

they dont want to go to court, they are already moving out its just going to take them longer than what the owner wants. plus they are paid till the 1st any ways.

Have the tenants print our the page from the link I gave you & have them send it through the US postal service as a registered letter with signature confirmation, the landlord will have to sign for the letter which will give you proof that he has received it in the mail. Have the tenant write a professional letter stating their intent to vacate the home by January 1st.

He legally has to give them 30 days to move. So they'll have the rest of this month to live/move out. 

Once you brought up that the landlord was dating a 19 year old daughter and they had a falling out brings up that it just might be a retaliatory eviction . ILLEGAL ILLEGAL ILLEGAL!!!!!! Sounds like a great court case for the Marines NOW!!!!!! 

they are already moving out and done with both parties. just want toknow if they can stay legaly till the 1st 

just want toknow if they can stay legaly till the 1st

Just spoke with my Lawyer friend and he states YES!!! Their rent has been paid, therefore they are the legal residents of the property. 

well i Thank you Rude Ruldoph for not being rude, thats all i needed to know 

? Was my advise not helpful....I already said they had a legal right to still reside in the home. 

Once you brought up that the landlord was dating a 19 year old daughter and they had a falling out brings up that it just might be a retaliatory eviction . ILLEGAL ILLEGAL ILLEGAL!!!!!! Sounds like a great court case for the Marines NOW!!!!!!
Its not illegal if they have no lease. He can serve them with 30 day notice any time he wants. But he does have to give 30 days. If you have no lease the owner can serve you with a 30 day to vacate for whatever reason they feel like. How big is this house? If its a "bunch" of Marines and one is married with a family, just curios.