How To Choose The Best Tenant Lawyer

what is tenant at will?

A tenant at will is a tenant who occupies a rental property with the permission of the landlord, but without a written lease or rental agreement. This type of tenancy can be ended by either the landlord or the tenant at any time, with proper notice.

In a tenancy at will, the landlord and tenant have a verbal or implied agreement that the tenant can occupy the property in exchange for rent. The terms of the tenancy, such as the amount of rent and the length of the tenancy, are not specified in a written lease or rental agreement.

Tenancy at will is different from a lease tenancy, in which the tenant has the right to occupy the property for a specific period of time, as specified in a written lease agreement. In a lease tenancy, the tenant’s right to occupy the property cannot be terminated by the landlord without cause, unless the lease agreement allows for it.

Tenancy at will is generally less stable than a lease tenancy and can be ended by either the landlord or the tenant at any time, with proper notice. The notice period required for ending a tenancy at will depends on state law and may vary from a few days to a few weeks. It is important for both landlords and tenants to understand their rights and obligations in a tenancy at will arrangement.

how long can a tenant stay after the lease expires?

If a tenant stays in a rental property after the lease has expired, the tenancy typically becomes a month-to-month tenancy, also known as a tenancy at sufferance. In a month-to-month tenancy, the tenant is permitted to stay in the rental property as long as the landlord allows, but the tenancy can be terminated by either the landlord or the tenant with proper notice. The notice period required for terminating a month-to-month tenancy depends on state law and may vary from a few days to a few weeks.

In a month-to-month tenancy, the tenant is required to pay rent on a monthly basis and must comply with all the terms of the original lease agreement, as well as any applicable state or local laws. The landlord is also required to maintain the property in a habitable and habitable condition and to make any necessary repairs.

It is important for both landlords and tenants to understand their rights and obligations in a month-to-month tenancy. Landlords should ensure that they follow the proper legal procedures for terminating a tenancy, and tenants should be aware of their rights and options if they wish to challenge an eviction.

how to evict a tenant in California?

In California, the process for evicting a tenant is governed by state law. In order to evict a tenant, a landlord must have a valid reason for doing so, such as nonpayment of rent, violation of the lease agreement, or causing damage to the property.

Here are the steps for evicting a tenant in California:

Serve the tenant with a notice to vacate: The landlord must serve the tenant with a written notice to vacate, stating the reason for the eviction and the date by which the tenant must leave. The length of the notice period depends on the reason for the eviction and the type of tenancy.
File an eviction lawsuit: If the tenant does not vacate by the date specified in the notice to vacate, the landlord can file an eviction lawsuit, also known as an “unlawful detainer” action, in court.
Serve the tenant with a summons and complaint: The tenant must be served with a copy of the summons and complaint, which outlines the landlord’s case against the tenant.
Attend the court hearing: Both the landlord and the tenant have the opportunity to present their case in court. The judge will then make a decision on the eviction.
Execute the eviction order: If the judge orders the eviction, the landlord can request a writ of possession from the court, which allows the sheriff to physically remove the tenant from the property.

It is important to note that the landlord must follow the proper legal procedures in order to evict a tenant in California. Failure to do so could result in the eviction being deemed unlawful and the tenant being awarded damages. It is also worth noting that the eviction process can be complex and time-consuming, and it is advisable for landlords to seek the help of a lawyer.

How To Choose The Best Tenant Lawyer

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Bret Thurman

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How To Choose The Best Tenant Lawyer

Bret Thurman

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