Legal Question in Landlord & Tenant Law in California

Hello,

I just took over a building and the previous onsite manager is not paying rent anymore. I served a three day notice to quit (by placing on their door and mailing), and still nothing. I want to file a UD but do not have a lease for the individual. I have the old property manager addendum, but nothing else. How do I evict without a lease?

My thought is that he likely wasn't paying any rent and since we removed him of his property manager status, it will be hard to show that he had a set rent payment and then stopped paying. I know that this reverts to a month to month lease so I should probably just serve a thirty day notice to vacate? So I am fresh out of ideas as to how to proceed and any/all advice is appreciated.

Thank you.


Asked on 5/05/14, 10:06 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you purchased the building you should have obtained copies of all written leases from the previous owner during the purchase. If this person has an oral lease, then you may need the previous owner to testify to that and your unlawful detainer action would reflect that the lease is oral and month to month.

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Answered on 5/06/14, 12:46 pm


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