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A lease with a term of one year or less may be created by verbal agreement. However, for the sake of clarity and to reduce the risk of disagreement (both during the lease term and after tenant's surrender of the premises), all leases, even those with month-to-month terms, should be reduced to written form.
The eviction process for landlords Give notice. You have to give your tenant a written Notice before you start an eviction court case. ... Start a court case. ... Ask for trial date or default judgment. ... Go to trial. ... After the judge decides.
Generally speaking, an oral contract is indeed legally enforceable. Although for more complicated contracts, such as those in complex commercial transactions, the contractual parties usually create agreements in writing to avoid any dispute regarding the terms.
Can you evict a tenant without a lease in California? The short and quick answer is yes. In fact, they don't differ too much from the regular eviction process. Just as in the typical eviction route, it all starts on how the agreement was violated.
When your roommate has month-to-month tenancy, California state law says that you can evict them by serving 30 or 60 days' notice without any reasoning. Certain cities require just cause be provided to month-to-month tenants if they are living in a rent-controlled or subsidized housing program.