[CA] How do I evict a tenant if there’s no lease?
My mother recently passed away. She had a property in California that she was "renting" to a woman and did not require a security deposit and did not have a rental agreement in place.
We need to sell the property and advised the renter she needs to vacate the property by 6/30/2025. The woman is requesting a rental agreement. She has only been in the property since August of 2024.
What language needs to be used in the rental agreement so that we are following the law to have her out by 6/30/2025 since she has stated she does not want to vacate the property.
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I'm really sorry you're going through this tough situation—losing your mother and now having to manage property issues with a tenant can feel overwhelming.
Since the tenant moved in without a written rental agreement, California law treats the arrangement as a month-to-month tenancy. That means if you decide to end the tenancy, you need to give written notice; typically, 30 days if the tenant has been there for less than a year, and 60 days if they've been there longer (§ 1946.1).
While planning to sell the property is a valid reason to terminate the tenancy, you still have to follow the proper legal procedures (§ 1946.2).
It's important to note that California offers extra protections for tenants through the Tenant Protection Act of 2019 (AB 1482), which limits rent increases and provides specific rules for ending a tenancy. Whether your property falls under AB 1482 is crucial and best determined with the help of a local real estate attorney who understands these issues.
The tenant's request for a formal rental agreement might seem reasonable, but creating a new lease at this point could complicate your plans to sell the property. If you do decide to draft a rental agreement, it should clearly state that the lease will terminate on June 30, 2025, and include all required legal disclosures. In many cases, however, it's simpler to proceed by serving the proper termination notice rather than establishing a new agreement.
You can use Sample TAC Lease Agreement California but again, I would not do a formal lease for 2 months.
Given everything, it’s really important to consult a California real estate attorney as soon as possible. An attorney can help you determine if AB 1482 applies to your property and ensure that your termination notice meets all legal requirements, including any additional details that may be necessary if relocation assistance is required. That requires a full review of the property details and location to determine if that law (AB 1482) applies to that particular property. You can read AB 1482 information from CAA but it is incredibly complex.
They can also guide you on keeping detailed records of all communications with the tenant, such as dates and methods of contact, which could be vital if the tenant fails to vacate the property, and you need to pursue an unlawful detainer action.
Finding a highly-rated and trustworthy lawyer in your area is straightforward! You can visit Avvo.com, a well-regarded lawyer review site, to search for legal professionals who can assist you with your case. If you’re on a tight budget or have low or no income, consider searching for a county legal aid office nearby on Google. They may offer free legal assistance.
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My mother recently passed away. She had a property in California that she was "renting" to a woman and did not require a security deposit and did not have a rental agreement in place.
We need to sell the property and advised the renter she needs to vacate the property by 6/30/2025. The woman is requesting a rental agreement. She has only been in the property since August of 2024.
What language needs to be used in the rental agreement so that we are following the law to have her out by 6/30/2025 since she has stated she does not want to vacate the property.
Lexi, Chatbot
I'm sorry to hear about your loss. To better assist you, could you please confirm if the property is located in California?
Property is located in Apple Valley, California.
Lexi, Chatbot
Have you already provided the tenant with written notice to vacate the property by 6/30/2025 as required by California law?
I have not. We had a verbal conversation, I was trying to see if we can include that in the rental agreement.
Lexi, Chatbot
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your situation.
No.
Jon
Hello! I'm delighted that you've chosen to contact AskaLawyer for assistance. My name is Jon, and I'm here to assist you as an attorney.
I understand that dealing with legal issues can be stressful and confusing. Don't worry, I'm here to help, and I hope to provide you with a solution to your problem.
Jon
Did they ever have a lease between them in writing?
No.
Jon
Ok, and the tenant is asking for one now?
We advised her on Saturday that we are selling the property and that she needs to be out by 6/30/2025.
She then advised us that she wants a rental agreement to "take care of things" on her end and refuses to let a realtor look at the property until we send one to her.
Jon
Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.
I need to know what verbiage to use in the rental agreement that will cover me legally so that she has to vacate by 6/30/2025.
She is not paying the water, gas, or electric and is only paying $1000/month, because that is all that she can afford.
Jon
Got it. Just give me a few minutes to finish typing out a full reply for you. It will not be too long.
Thank you.
Jon
I'm really sorry you're going through this tough situation—losing your mother and now having to manage property issues with a tenant can feel overwhelming.
Since the tenant moved in without a written rental agreement, California law treats the arrangement as a month-to-month tenancy. That means if you decide to end the tenancy, you need to give written notice; typically, 30 days if the tenant has been there for less than a year, and 60 days if they've been there longer (§ 1946.1).
While planning to sell the property is a valid reason to terminate the tenancy, you still have to follow the proper legal procedures (§ 1946.2).
It's important to note that California offers extra protections for tenants through the Tenant Protection Act of 2019 (AB 1482), which limits rent increases and provides specific rules for ending a tenancy. Whether your property falls under AB 1482 is crucial and best determined with the help of a local real estate attorney who understands these issues.
The tenant's request for a formal rental agreement might seem reasonable, but creating a new lease at this point could complicate your plans to sell the property. If you do decide to draft a rental agreement, it should clearly state that the lease will terminate on June 30, 2025, and include all required legal disclosures. In many cases, however, it's simpler to proceed by serving the proper termination notice rather than establishing a new agreement.
You can use Sample TAC Lease Agreement California but again, I would not do a formal lease for 2 months.
Given everything, it’s really important to consult a California real estate attorney as soon as possible. An attorney can help you determine if AB 1482 applies to your property and ensure that your termination notice meets all legal requirements, including any additional details that may be necessary if relocation assistance is required. That requires a full review of the property details and location to determine if that law (AB 1482) applies to that particular property. You can read AB 1482 information from CAA but it is incredibly complex.
They can also guide you on keeping detailed records of all communications with the tenant, such as dates and methods of contact, which could be vital if the tenant fails to vacate the property, and you need to pursue an unlawful detainer action.
Finding a highly-rated and trustworthy lawyer in your area is straightforward! You can visit Avvo.com, a well-regarded lawyer review site, to search for legal professionals who can assist you with your case. If you’re on a tight budget or have low or no income, consider searching for a county legal aid office nearby on Google. They may offer free legal assistance.
Jon
If you have any further questions or need assistance, please don’t hesitate to reach out—I’m always here and happy to help!
Jon
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