California Eviction Process No Rental Agreement

California Eviction Process When There Is No Rental Agreement

When it comes to addressing the issue of evicting a tenant, not having a rental agreement can complicate the process in California. However, landlords still have several legal options available to them to evict tenants. In this article, we will discuss the California eviction process when there is no rental agreement.

1. Notice to Quit

The first step in the eviction process is to give the tenant a notice to quit. This notice is typically given to the tenant by the landlord, either in person or by mail. The notice to quit serves as a notice to the tenant that the landlord wants them to vacate the rental unit. In California, landlords can give a tenant a 3-day notice to quit for non-payment of rent, a 30-day notice to quit for month-to-month tenancies, or a 60-day notice to quit for tenants who have been living in the rental unit for more than one year.

2. Filing an Eviction Lawsuit

If the tenant does not comply with the notice to quit, the landlord can then file an eviction lawsuit. In California, this is also known as an unlawful detainer lawsuit. The landlord will need to provide evidence of the notice to quit being served and the tenant’s failure to vacate the rental unit. If the landlord prevails in the lawsuit, they will obtain a court order allowing them to evict the tenant.

3. Service of the Court Order

Once the landlord obtains a court order allowing them to evict the tenant, they must serve the tenant with the court order. The court order will specify a date by which the tenant must vacate the rental unit. If the tenant does not comply with the court order, the landlord can then request a writ of possession from the court. This writ will allow the landlord to enlist the services of the sheriff, who will forcibly remove the tenant from the rental unit.

Conclusion

While not having a rental agreement can complicate the eviction process in California, landlords still have legal options available to them. Following the steps outlined above can help landlords to navigate the eviction process when there is no rental agreement in place. It is important for landlords to understand their rights and responsibilities in these situations and to seek legal advice if needed.

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