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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33781
Experience:  Attorney for over 15 years, landlord 26 years
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My aunt is renting to her in-laws and there was no rental agreement,

Customer Question

My aunt is renting to her in-laws and there was no rental agreement, but the tenants are paying rent, sometimes half the rent or sometimes all the rent but the problem is the tenants keeping throwing up to her I willpay you on time and all your rent if you fix things, which she does but they still withhold rent or pay at times what they feel they should. Is there a remedy for this ?Can they be evicted even though there is no landlord/tenant agreement signed. Any information will be helpful.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state this is in?
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Are they currently behind on the rent?
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If so, about how much do they owe now?
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Has she given them any type of written notice to pay or move?
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thanks
Barrister
Customer: replied 1 year ago.
My aunt lives in the state of California. Her tenants are currently behind on their rent. The are about $3000.00 behind in rent. My aunt has not given then any type of written notice to pay or move.
Expert:  barristerinky replied 1 year ago.
Ok, then they would be month to month tenants under an oral lease. If they are behind on the rent, she can give them a 3 day written notice to pay or vacate and then pursue a formal eviction, called an unlawful detainer, in the local Superior court.
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In California, if a tenant is behind in rent, landlord can issue a 3 day notice for payment. If payment is not made, on the fifth day following the delivery of the notice the landlord can file an Unlawful Detainer (eviction) action. The tenant has 5 days to respond or landlord can file for a default judgment. Once the judgment is final (tenant does not appeal) landlord can get a writ of possession. On the 6th day after getting the writ of possession delivered, landlord can have the sheriff supervise the eviction of any tenant and their belongings.
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Thanks
Barrister