California-Eviction - Posted by Al Pine


#1

Posted by Richard Castleberry on December 21, 1998 at 19:38:23:

First and formost, are you in a ‘rent control’ city?
If so check with the rental board.
If you are in California and maybe other states
as well the following applies.
If you signed a rental agreement that did not use
the word ‘lease’ than it is a month to month contract
and you do not need to give them any reason, just
a 30 day written notice.
I feel a lawyer is unnecessary and normally take
more time to resolve the problem.
You can do this yourself with some work and
expence. Read 'Landlords Law Book, Evictions’
by Nolo Press. I think they are also at
www.nolopress.com
Good luck, Richard


#2

California-Eviction - Posted by Al Pine

Posted by Al Pine on December 21, 1998 at 17:06:36:

I recently served my tenants w/30 day notice (month to month rent.) They responded by saying that I/we had an oral agreement to extend an additional 90days in which I never agreed. They also stated that they have to uproot kids from there school and it would take them time to find another place in school district. Also mention in response letter that my “reason” for them to move out and family member to move in was NOT a sufficiant reason to up root kids from school?..
My question is in CA you do not have to give a “reason” for a thirty day notice correct? Just curios before I talk to an attorney would the reason above be justifable for a tenant to use? Any legal Stand? They have witheld rent since November so I’m wondering if I can go after rent as well?
My bottom line however is to remove the tenant so I can move my relative in. Any response would be greatly appreciate and I know it’s a legal question and will be for information only! Thank You in advance for your response email or post would be ok.

Thanks…Al P.


#3

Re: California-Eviction - Posted by Brad Crouch

Posted by Brad Crouch on December 26, 1998 at 03:12:30:

Al,

The rent control issue only comes into play if you have a multi unit dwelling or two single family houses on one lot, WHICH ARE CONNECTED (even by a single board)! A singly family house on a lot by itself is exempted from rent control.

Brad


#4

Re: California-Eviction - Posted by Irwin(CA)

Posted by Irwin(CA) on December 24, 1998 at 01:15:35:

Al,

You don’t need a stated reason to evict a tenant with a a 30 day nortice unless they live in an area with rent control. Even then, rent controls may not apply if the property is a single family residence. Your best bet is to get a referral from the local apartment association for an eviction attorney.

By the way, since your tenants are behind in their rent why don’t you start an eviction with a 3-day notice to pay rent or quit. It’s a lot faster, and if you have to go to court you can also get a money judgment.

Just my $.02

Irwin


#5

Re: California-Eviction - Posted by Bill

Posted by Bill on December 21, 1998 at 20:45:20:

In California you do not need to give any reason to evict a tenant with a 30 day notice. Whether you have a signed month to month rental agreement or an oral agreement does not matter. Whether you do it yourself, “pro-per” or have an attorney do it, it will take approximately 45 to 60 days to get them out. Longer if they choose to fight you in court. Normally, however, they wont fight, they will just move. Do not accept any rent money during this process, or it could set you back to square one. Good luck.


#6

Re: California-Eviction - Posted by Irwin

Posted by Irwin on December 21, 1998 at 19:53:30:

CA law might be consumer oriented, but it would be pretty strange if it permitted a tenant to 1) default on rent payments, and 2) to claim an extended lease so that they can relocate in the same school district. Most courts hold that the tenant’s failure to pay rent terminates their right to possession. I know nada about your local law, but I think I’d head for the nearest small claims court and file against them. If they indicate they intend to fight it, get a lawyer immediately.


#7

Re: California-Eviction - Posted by Jimbob

Posted by Jimbob on December 21, 1998 at 19:52:39:

Al,

The laws vary all over the country when it comes to rentals and should it look as though you may have to go to eviction, unless you are a seasoned property owner and know the laws inside and out, it is imperative you seek legal counsel to perform the eviction.

In my state, if tenants are on a month to month rental agreement, I must give them in writing at least 20 days notice before the next rent is due to move out, and if I do so, I do not need any specific reason to ask them to leave. Actually if you do give a reason you could be asking for more trouble as it gives them leagl ground to fight you on.

Again, in my state, if the tenants were on a lease like 6 months or one year and I was terminating the lease and asking them to leave, then I need a good reason why. The top of the list is non payment of rent.

There is a common mis conception on renters parts, that the landlords must give a reason when terminating a month to month tenancy, in a lot of cases that is not true. I suspect they are using stalling tactics on you to put off the move. As for the oral agreement, some states consider that binding, but in most cases a lease must be in writing to be valid.

Consult with a professional eviction company in your area to handle this for you, if it goes all the way to the Sherriff kicking them out, it will cost you around $500 depending on your local laws and the time it takes to get it done. That is very cheap when you consider law suits and anything else that can happen if you try to do it yourself.

In the last 5 years I have performed 8 evictions, only 1 of them actually went to the Sherriff, once they see you mean business, they usually scoot out. By the way, I have only had 1 tenant trash my property, the one the Sherriff had to kick out.

Good Luck…

Jimbob