Legal Question in Landlord & Tenant Law in California

If a landlord wants to evict a tenant, and there is NO rental agreement whatsoever, how much time does the tenant (who is permanently disabled with a prosthetic leg) have to vacate the premise? Tenant is NOT in arrears as yet .. but is considering paying ONLY $10 "toward rental amount"?

I have been told it takes approximately 6 months to evict.


Asked on 4/01/13, 9:25 am

2 Answers from Attorneys

It varies by location based on the court's calendars, and then the sheriff's eviction team availability, but generally it takes six weeks to two months from issuance of the three-day notice to pay or quit, to the judgment of eviction and writ of possession, if the landlord does everything on the earliest day allowed by law at each step. After that it just depends on how long it takes to get to the top of the sheriff's eviction list before the deputies show up and move the tenant's possessions out of the building.

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Answered on 4/01/13, 9:37 am
Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

Down here in Orange County, based on your zip code, it can be even quicker than six weeks. If you do not pay rent, the landlord must give you a three-day notice to pay rent or quit. If you haven't paid in that time frame, the landlord can immediately file an unlawful detainer lawsuit. Once you are served with the complaint, you have five days to respond. A court hearing is set, and if you lose, the landlord can get the sheriff to come and evict you. You can still be responsible for paying rent too, so just because you are being evicted doesn't give you a free pass to not pay rent.

If you are paying rent on time and abiding by the landlord's rules, and the landlord just wants you out for whatever reason, you must be given 30 days to move if you have lived there less than one year, or 60 days if you have lived there more than one year. (Certain exceptions apply, such as if you are a lodger in a house owned by the landlord.)

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Answered on 4/01/13, 10:17 am


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