Legal Question in Landlord & Tenant Law in California

What legal steps do I need to take to expeditiously evict previous tenants from my rental? Note: A rental agreement does NOT exist. Our generousity to this young couple (tenants) who we’ve known for decades was a poor decision.

Said tenants know we plan to sell house ASAP. They have secured a new place and shut off utilities at the home we own. At this time, previous tenants are threatening to take up to 3 monthes to remove a lot their possessions from our home and delay potential sale. They have already damaged the brand new front doors to the home and fear more damage will occur.

Your assistance and expertise is appreciated more than you can know. The impact of their procrasting will financially cripple us.


Asked on 9/14/18, 11:33 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If they've been there over 1 year, you will have to give them a 60-day written notice. You can hand it to them or, if they don't seem to be there, you can post the notice in a conspicuous place. When the 60 days pass, you will then have to file an unlawful detainer lawsuit in the local courthouse. You should be able to locate a lawyer with reasonable fees. Alternatively, you might do one of two things: negotiate a buy-out so that they would leave in a shorter time in exchange for your payment to them of some money (if they don't comply, then it should include a stipulation that there would be a judgment against them), or you can leave it to the buyer to deal with these folks and include that in the purchase agreement.

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Answered on 9/14/18, 12:17 pm


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