Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
The Ellis Act is a state law (Government Code Section 7060 et. seq.) designed to allow landlords to get “out of the rental business.” In order for Ellis evictions to be approved, landlords must remove all units within a building from the rental market for five years. It cannot be applied to just a single unit.
If your tenant won't fix the problem or move out, you'll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer. The time starts from when you have eviction court forms delivered to your tenant to the time they must move out.
If you have lived in the rental unit for less than one year, then you will receive a 30-day notice to quit, which gives you 30 days to move out of the rental unit.
Just Cause is Required for Eviction (Oakland Municipal Code, Section 8.22. 300) Material violation of rental agreement after written notice to stop. Causing substantial damage to the unit. Tenant continues to disturb the peace and quiet enjoyment of other tenants after written notice to stop.
If you don't do what your landlord asks, they can start an eviction case to ask the judge to order you to move out. After the landlord gives you the Notice it can take 30-45 days, or longer, for the eviction case to end. If you lose the case, the judge can order you to move out of your home.