But what if the landlord and tenant don`t sign a lease or contract? This happens more than you think. Maybe the landlord is looking for a tenant, and someone pays rent and moves in. Alternatively, this can be done if the parties sign a one-year lease, but after one year, the tenant remains open and the landlord continues to accept the rent. The rights of non-leaseless tenants are determined by California law, including the possibility of dislodging a tenant without a tenancy agreement in California. In cases where the tenant is liable for a rent refund, the court order may also include financial damages owed to the landlord. This often includes rent and legal fees or court fees. Both parties can appeal the court`s judgment. If the tenant appeals, the evacuation will not be delayed, while it could be delayed if the tenant obtains a stay of execution. Post a job at UpCounsel, receive free suggestions and connect today with high-quality real estate lawyers in California who can help you dislodge a tenant.
If the landlord gives notice, but the tenant does not move, the landlord must file an illegal detention action against the tenant and apply for a court order authorizing a sheriff to evict the tenant. Self-help in the event of eviction is illegal, which is why a landlord should never lock up or throw away the tenant without a court order. If you are distributing a tenant on a monthly lease, you must give a 30-day notification to the tenant to move. If the tenant has been in the unit for more than a year, the termination must be increased to 60 days. In publicly subsidized housing, the termination must be 90 days. Landlords do not need to give 30 days if the tenant creates a legal nuisance by carrying out criminal activities or endangering neighbours. All they need is three days` notice to evacuate the premises. Thus, as the procedures described above show, forced evictions in California can last from a few days to several weeks or months.
If the landlord tells you the wrong rent back or indicates a reason for eviction that you don`t think is valid, contact them immediately to do things.