Sometimes a landlord may rent to a tenant without a written lease between them. Trouble may arise when the landlord decides that they want the person to leave, but the tenant refuses. In the state of California, as well as others, an oral agreement is legally binding, just like a written lease. The landlord must follow legal procedures in order to evict a tenant. Proper notice must be given, which is a written 30-day notice to vacate. You must always let the tenant know within this notice the exact day you expect them to be out by. A copy should always be kept for your own records.

A lawsuit may be filed if the tenant does not leave and a sheriff may be brought in to let the tenant know that they must vacate within five days. If they do not leave, the sheriff may be forced to force them out.

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POSTED January 24 2014 10:53 AM

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