Summary
A 60-day notice to vacate in California does not need to be file stamped but must be written and correctly served. The tenant must vacate within 60 days, or the landlord can file for eviction. If the tenant moves out before the court date, the eviction process stops, and no court order is finalized. Power of Attorney can be granted without going to court by completing a notarized document. It can be general or limited to specific situations. To verify its validity, ensure it is signed, dated, and notarized. If you cant see the document, seek legal assistance. A landlords representative should provide proof of Power of Attorney upon request.Full Conversation
Does a 60 day notice given to a person to move out have to be file stamped in order to be legal?
Hello Keysha, the requirements for a valid *-day notice can vary depending on your location. May I know which state or country you are in?
Ca
Hello Keysha, in California:
- A *-day notice does not need to be file stamped.
- It should be written and correctly served to the tenant.
- It must include specific information, like the date and reason for the notice.
And does the tenant hsve to vacate after the 60 days?
Hello Keysha, in California:
- Yes, the tenant is expected to vacate within 60 days after receiving the notice.
- If they do not, the landlord can file for eviction.
But in order for a eviction to go on a persons record, it has to be taken all the way to becoming an order right?
Hello Keysha, in California:
- Yes, for an eviction to appear on a person's record, a court order is required.
- This happens if the eviction lawsuit is finalized in court.
- The order is then recorded and becomes part of the public record.
But if a person moves out before the actual court date they wont technically be evicted?
Hello Keysha, in California:
- If a tenant moves out before the court date, the eviction process stops.
- Technically, they won't be evicted as no court order has been finalized.
- However, the initial filing might still appear on some records.
Can a person give someone power of attorney without going to court
Hello Keysha, in California:
- Yes, a person can grant someone power of attorney without going to court.
- It requires completing a power of attorney document.
- This document must be signed, dated, and notarized.
Can power of attorney be given in just one situation or does it give the person power over everything?
Hello Keysha, in California:
- Power of Attorney can be "general", granting broad powers, or "limited" to a specific situation.
- The scope of the authority is detailed in the document itself.
- It's essential to clearly specify the powers you're granting.
How do you find out if someones power of attorney is valid
Hello Keysha, in California:
- To verify a Power of Attorney, check if it's properly signed, dated, and notarized.
- Confirm if the grantor was competent at signing.
- If still unsure, consult with a legal professional or the county recorder's office.
I have no way of a seeing the actual documents
Hello Keysha, in California:
- If you can't directly verify a Power of Attorney, you might consider seeking legal assistance.
- A lawyer or legal professional can help investigate its validity.
- Remember, you should have a legitimate interest or legal right in the matter.
My landlords son says that she gave him power of attorney but hasnt given me any proof
Hello Keysha, in California:
- A landlord's representative should provide proof of Power of Attorney upon request.
- If they refuse, you may need legal assistance to compel them to produce the document.
- Consult with a lawyer or legal aid service for further advice.