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Is an eviction process required to evict a non - tenant of a tenant when neither party has a rental agreement in California Both have been in the property for about 1 month?
Wiki User
∙ 11y ago
I'm no lawyer but...
A non-tenant is likely considered a guest of the tenant.
If they are not welcome, they are a trespasser.
The landlord should let the tenant have peaceful enjoyment of the premises.
The tenant should be able to call the police and have the non-tenant removed.
Wiki User
∙ 11y ago
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If you respond to an eviction notice and pay the rent owed to the court is it possible to have the eviction stopped?
Answeryes it is possible to have the eviction stopped all you have to do is talk to your landlord and tell them that you will pay the money and if you pay it before or on your court date most likely they will let you finish out your leaseAnswerProvided that you were given the proper pre-eviction notices (as required by your state's laws), the landlord is not required to dismiss the eviction lawsuit after it has been filed. Even with full payment, the landlord can demand that you vacate and surrender the property.If after a eviction notice is filed and landlord accepts payment (in full) from you the eviction becomes null and void. They can only evict you for non payment and you have to be in non payment status at the time you go to court. However, if you have the money to pay your rent in full prior to the court date, the landlord has the right to refuse the payment.
Is renters insurance required in California?
Unlike auto insurance, there is no state law in California that requires a renter to carry insurance. However, there is a growing trend of Landlords requiring their tenants to carry renters insurance as a part of their lease agreement. Regardless of whether or not your landlord requires you to maintain insurance I would recommend looking into obtaining a renters policy for yourself. Renters insurance is usually very cheap in California. Many renters policies not only cover your personal property in your apartment, but anywhere in the world as well.
Can a landlord evict you if you signed a lease option to purchase?
That it is a "lease - with an option to purchase" makes no difference. You would be subject to eviction like any lease tennant, the same as if it didn't have an option. (Agreeably , you MAY still have the option to exercise your right to purchase rather than move, if you are able to perform as required by the Option agreement. It is also possible, and said in most contracts, that breeching the lease eliminates the Option).
Is a landlord required to provide working AC in Florida?
Your landlord is not required to provide air-conditioning, per se. But this is probably not the issue here: the issue is, is your landlord required to fix appliances that have been provided, including the air-conditioner? That answer it is: yes. If your air-conditioner was working when you moved into the apartment and it is not working now, then your landlord has the obligation to fix it. If he doesn't and you provide adequate notice, you can have it fixed and take the cost of repair off the rent. The procedure to do this is as follows: at least seven days before the next rent is due your landlord must receive the letter from you stating that the air-conditioner is broken and that you demand that it be fixed. It must also state that you reserve the right to have the air-conditioner fixed and to offset the rent by the amount of the repair. Keep in mind, however, that your landlord can still try to file an eviction against you. If this happens then you need to go to court and fight your case: you will win it likely.
Is tenant legally required to pay rent if the owner of the house is in default?
Generally speaking, as long as the landlord has legal control over the property, the rent is still due him and he may continue collecting it. However, most Housing Authorities prohibit landlords from becoming in default of their mortgage. Generally speaking, if the Housing Authority tells you to continue to pay your rent, you must do so or risk eviction- And possibly the loss of your voucher.
Eviction Notice?
Get StartedAn Eviction Notice is the first step for a landlord attempting to evict tenants from a rental property. An eviction is a lawsuit in which a landlord asks the court to order another person (the tenant) to move out of a rental property. In addition to evicting the tenant from the rental property, in appropriate cases, the landlord or manager may sue the tenant for unpaid rent or damage to the rental property. Before the lawsuit begins, the landlord is required to give notice to the tenant. In most cases, the tenant is required to have a chance to correct the offense. This notice is the first step in the eviction lawsuit, and it may be all that is necessary to remove the tenant or gain compliance. The notice may also be used to evict a tenant without cause.Below is a list of items you may need to review when preparing an Eviction Notice for a tenant. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, or proof of violation will be helpful in filling out the interview questions.Review the lease or rental agreement provisions.Determine violations of the rental agreement, if any.Determine the amount of unpaid rent, if any.Determine the number of days that the Tenant has stayed in the rental unit beyond the end of the rental agreement, if applicable.Determine the amount of damage to the rental property, if applicable.
Does Phoenix Property have listings in California?
Phoenix Property has listings all over the state of Arizona but they do not have listings in California. You are required to have a California Real Estate Brokers license to do business in California.
Who manages property management in the state of California?
There are several state laws that govern property management in California. Apparently, a real estate license is required there in order to manage property. You can inquire at your local city hall to discover the licenses required by your property manager, in your particular situation. Otherwise, there is no 'manager' of property managers at the state level in California.
What can you do when the landlord turns off the heat every time she goes out?
If this is an ongoing pattern of behavior and is required that you have heat in order to live in your rental property, then you can move out by constructive eviction.
How soon after a foreclosure notice can your personal property be taken from you?
Personal property is not an issue in foreclosure proceedings. Perhaps you are confused about the definition of such. PP would be household furnishings, clothing, jewery, and so forth. As to the time limit when the persons living in the foreclosed residence, that often depends upon the terms of the mortgage agreement and/or state statutes where the property is located. In some cases it can be as little as 30 days from the time of the eviction service or as long as a year. The final eviction notice will contain the exact date the property is to be vacated. If the order is not followed an officer of the court (usually a sheriff deputy) will remove the occupants in whatever manner is required.
Can a family shelter throw you out without an eviction?
Yes. Shelters are usually operated by private entities, charities, or churches. The shelters are usually operated on private property. You do not sign a lease or a contract to occupy the space. Therefore being required to leave does not rise to the legal level of an eviction. You must follow the rules of the shelter - and if you don't you can be required to leave.
Can you ask for extension on eviction notice?
You can always ask for an extension on an eviction notice. Your landlord is not required by law to give you one.
If someone moves out leaving property behind and then asks for it later are you required to give it back?
yes, it is still his/her property unless there is a legal verbal or written agreement that he/she already gave it to you.
In California how much notice is a roommate required to give you to kick you out if you are paying rent but are not on the lease agreement?
30 day notice.
What is the TRIPS agreement and how it has helped develop intellectual property?
The agreement on Trade Related Aspects of Intellectual Property Rights is a World Trade Organization agreement from 1994 which required member states to better align their various IP laws. It significantly eased international trade in intellectual property and increased accessibility to patented drugs in developing nations, but perhaps its biggest impact was forcing countries to acknowledge that intellectual property rights hadtrade-related aspects to begin with.
What states are community property?
COMMUNITY PROPERTY STATES • Arizona • California • Idaho • Louisiana • Nevada • New Mexico • Texas • Washington • Wisconsin Alaska is an opt-in community property state; property is separate property unless both parties agree to make it community property through a community property agreement or a community property trust.
What does an eviction notice contain as required by law?
This depends on what you mean by eviction notice. There are generally two types: the initial notice of 3 to 5 days by the landlord, or a summons for eviction. In the case of the former, this is not really considered eviction notice, but rather a notice to pay your rent or to move. This type of notice consists of: your name, the landlord's name, the number of days you have to pay or to move out, or otherwise face eviction proceedings; the actual date by which the rent must be paid - which is between 3 to 5 days, depending on your state, including holidays and weekends; the landlord's signature, and the address of the rental property.
