Legal Question in Landlord & Tenant Law in California

eviction

can i evict someone when there was never any contract


Asked on 11/01/08, 2:57 pm

3 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

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.

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Answered on 11/05/08, 3:56 pm
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/03/08, 1:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

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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Answered on 11/01/08, 5:13 pm


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