Legal Question in Real Estate Law in California

Re: What to do about No Lease

Give 30 day notice. Thats it. If need form, email us.

Joel Selik

www.4thelaw.com

800-894-2889

Re: What to do about No Lease

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The decent thing to do is to ask them in writing to leave and work out the details thereof by written agreement. Otherwise, you can see a lawyer who handles Unlawful Detainer actions (Evictions).

Incidentally, I represent tenants only, and rarely even answer questions from landlords.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: What to do about No Lease

Ask them to leave. If they don't agree to do so, give them a 30 day notice that you are terminating the tenancy.

Re: What to do about No Lease

Also, just because you have no written lease doesn't mean there isn't a legally-significant agreement between you and the tenants. You probably have an oral rental agreement. Failing that, or if the terms agreed to orally aren't fully comprehensive, a court would find implied terms and conditions.

If the tenants are paying rent monthly, it is probably a month-to-month tenancy, and you should treat it as such in any eviction proceeding you might have to bring.

Re: What to do about No Lease

If they are current on rent, you can give a 30 day notice. Be careful not to accept rent past the experiration date of the 30 day notice. We can help you with the eviction. Call us for free consultation.