Legal Question in Real Estate Law in California

evictions

Can a new landlord kick a tenent out that had a verbal agreement with the last landlord that he would not pay rent , he would work on the apartments and live in one.

even though the last landlord did not have a rental contract for that person?

doesnt the new landlord have to go through the eviction process?


Asked on 2/13/03, 4:59 pm

2 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: evictions

Yes, he is required to go through the eviction process.

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Answered on 2/13/03, 5:11 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: evictions

If an employee occupies housing on the landlord's premises under an employment contract (written or oral or understood), the tenancy generally ends when the employment ends unless the parties have agreed otherwise. The new landlord is a successor in interest on the old landlord's deal with you, and steps into his shoes and has the same rights and obligations.

Your right to remain in the apartment thus ended when your employment was terminated. If you refuse to leave, however, the landlord cannot resort to self-help eviction; he must file and win an unlawful detainer action.

Unlike most unlawful detainers, the action can be filed and served on you immediately; you are not entitled to a 30-day or even a 3-day notice.

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Answered on 2/13/03, 7:43 pm


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