QUESTION
Can the landlord evict me if I am not on a rental agreement?
Asked on May 31st, 2014 on Litigation - California
More details to this question:
I am not on rental agreement and I have lived here more than 30 days. I wanted to take over the apartment but the management refused. Can they throw me out? I live in California.
7 ANSWERS
Real Property Law Attorney serving Simi Valley, CA
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Edisson Seropian, Attorney at Law
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Yes, you may be evicted. You are using a space without payment. One can not get something for nothing. The landlord also is not obligated to rent it to you. Your station in the property is at best an invitee who has become a "squatter". Is you leave the property with any damage, you can also be prosecuted as an unauthorized entrant, which is worse than a tenant!
Answered on Jun 02nd, 2014 at 9:25 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Yes. They still have to go through the unlawful detainer procedures.
Answered on Jun 02nd, 2014 at 4:48 PM
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Of course they can evict you.
Answered on Jun 02nd, 2014 at 12:20 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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Yes, the landlord can evict a person who moves in without signing a rental agreement.
Answered on Jun 02nd, 2014 at 11:44 AM
Business Attorney serving Tustin, CA
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Heinly Benson Killian and Kramer
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If you moved in without the landlord?s knowledge or consent, then the landlord can certainly evict you. If you moved in with the landlord?s knowledge and consent, but have no rental agreement (either written or oral), you can still be evicted, but it?s conceivable that there may be some extenuating circumstances which come into play. You should consult with a knowledgeable and experienced attorney.
Answered on Jun 02nd, 2014 at 11:23 AM
Litigation Attorney serving Irvine, CA
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Law Office of James A. Anton
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Yes the landlord can evict you.
Answered on Jun 02nd, 2014 at 10:33 AM
If you have no lease, you have no legal claim to be in possession, so yes, you can be evicted after being given a 3 day notice to quit. You can are responsible for the reasonable rental value of the premises for the time you were there.
Answered on Jun 02nd, 2014 at 10:05 AM