Legal Question in Landlord & Tenant Law in California
eviction
can i evict someone when there was never any contract
3 Answers from Attorneys
Re: eviction
Yes. We would need to review any documents you may have showing the tenancy. Normally, a guest has to be given 30 days notice. Please call me if you have any questions.
Re: eviction
Yes, you can. Even though you do not have a written lease agreement, you have an oral agreement ("I'll rent you this apartment, you agree to pay me $$ every month") which can be enforced by unlawful detainer (eviction). Unfortunately, by not having a written lease, you cannot recover attorneys' fees, but at least you can evict them.
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Re: eviction
Unless you are in a rent stabilization or rent controlled city or county, you can do so if you serve the required notice -- 3 days for unpaid rent or 30 or 60 days for any other reason (or no reason).
You might seek out an attorney from the beginning who specializes in evictions. There are several hoops to jump through and, if you don't do it right, you might have to start over. Attorneys who do this kind of work usually are affordable. Good luck!
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