Legal Question in Real Estate Law in California

Eviction rules and regulations

How do you properly evict a tenant living in a duplex that does not have a agreement or contract and does not have name listed the house title? The tenant wants $20,000 before moving out and is not entitled to nothing with the exception of the $2,000 down payment of house when first moving in. Can you help me?


Asked on 1/08/01, 1:12 pm

2 Answers from Attorneys
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Eviction rules and regulations

Its a very simple process. I could do the entire matter for you for around $250.00 if you are located in or near Los Angeles County. First you serve the tenant with a 30 day eviction notice. Then if they do not move you initiate an unlawful detainer action against them. It is a very quick process. If they do not pay rent then you serve a 3 day notice to pay rent or quit, then after 3 days you do an unlawful detainer!!

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Answered on 1/12/01, 10:47 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Eviction rules and regulations

Your question suggests that you may have a problem going beyond mere eviction. Since you mention a $20,000 move-out demand and that the person you call a 'tenant' made a down payment of $2,000, perhaps the tenant is claiming to be a buyer/owner. Do you mean 'deposit' or does the 'tenant' claim to have made a true down-payment on a purchase?

If the tenant is claiming to be an owner, you probably need to confer with a real-estate lawyer in your county. Since contracts for transfer of an interest in real estate must be in writing, you are in a good position to win if the agreements were oral, but if there is anything in writing it needs to be reviewed professionally for its possible impact on your rights.

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Answered on 1/12/01, 5:15 pm


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