Do Ihave to go through the eviction process if the rental agreement was a verbal one?

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Do Ihave to go through the eviction process if the rental agreement was a verbal one?

My daughter moved in after losing her apartment. We had a verbal agreement on how much rent she would pay and how often. About 3 weeks ago we had an argument and she left. When she came back we asked her to get her stuff out of the house. However, she told us she has established permanent residence and if we want to get rid of her stuff before she is ready to take it we have to evict her. Sometime last week a family friend told us if the rental agreement was a verbal one we didn’t need to go through the eviction process and could get rid of her stuff ourway.

Asked on January 18, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not the rental agreement you have with your daughter is a verbal (oral) agreement or a written agreement signed by her and you, under the law of your state you have to go through the proper means to evict her.

Meaning, if your daughter is on a month-to-month oral lease which seems to be the case with you and her, you need to serve her with a 30 day notice of termination of her rental. If she fails to vacate the premises in the 30 day time period, you will then need to file an unlawful detainer (eviction) action against her in the county court house where the rental is located.

If it comes to the point of having to file a lawsuit against your daughter to evict her from the place she is sharing with you, you should consult with a landlord tenant attorney to assist you.

You cannot simply throw her and her belongings out of your place without following the law as stated above.


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