1. Kunda Chabala says:

    Why is a verbal eviction illegal while a verbal rental agreement is not?

    1. Hey Kunda,

      Great question! The distinction largely comes down to legal protection and clarity for both parties involved. In California, while a verbal rental agreement might be valid for month-to-month tenancies, it’s not as concrete or clear as a written agreement. On the other hand, eviction has serious consequences for tenants, such as potential homelessness or credit impacts. Therefore, to ensure the tenant’s rights are protected and the reason for eviction is clear and justifiable, a written eviction notice is mandated by law. It creates a paper trail and reduces misunderstandings that can arise from verbal communications.

      Stay informed and always consult with a legal expert when in doubt!

  2. How can I as a master tenant evict a subtenant in California for not paying rent/utilities? They are not on lease but landlord knows.

    1. In California, the process for evicting a subtenant who is not on the lease but known to the landlord can be somewhat complex. Here are the general steps you can follow:

      1. Review Your Lease Agreement: First, review your lease agreement with your landlord to understand the terms regarding subletting. Some leases prohibit subletting without the landlord’s written consent, while others may allow it. Understanding your lease terms is crucial.

      2. Communicate with the Subtenant: Start by communicating with your subtenant about the issues, such as unpaid rent/utilities. Try to resolve the matter amicably through negotiations or payment plans if possible.

      3. Serve a Written Notice: If the issue remains unresolved, you may need to serve a written notice to the subtenant. In California, this typically involves serving a “3-Day Notice to Pay Rent or Quit” if the issue is non-payment of rent. The notice should specify the amount owed, the due date, and that the subtenant has three days to pay or vacate.

      4. Wait for the Response: After serving the notice, you must wait for the three-day period to expire. If the subtenant pays the rent owed within this time frame, the issue is resolved. If not, you can proceed to the next step.

      5. File an Unlawful Detainer Lawsuit: If the subtenant does not comply with the notice and does not vacate, you will need to file an unlawful detainer lawsuit in the appropriate California court. This is a legal action to regain possession of the property.

      6. Serve Summons and Complaint: After filing the lawsuit, you must serve the subtenant with a summons and complaint, notifying them of the lawsuit and the court date. This step is usually performed by a process server.

      7. Attend Court Hearing: Attend the court hearing on the specified date. If the subtenant does not show up or the court rules in your favor, you may obtain a judgment for possession of the property.

      8. Obtain a Writ of Possession: If you win the case, you will need to obtain a writ of possession from the court. This writ allows law enforcement to physically remove the subtenant from the property.

      9. Enforce the Writ: Once you have the writ, law enforcement will assist you in removing the subtenant from the property.

Leave a Reply

Your email address will not be published. Required fields are marked *