What are tenant's rights in CA in a verbal-only agreement in exchange for rent, with no monetary exchange, pertaining to eviction rights?We are the landlords and want to be prepared for opposition...

What are tenant's rights in CA in a verbal-only agreement in exchange for rent, with no monetary exchange, pertaining to eviction rights?

We are the landlords and want to be prepared for opposition to a request that the tenant move out.

Expert Answers
brettd eNotes educator| Certified Educator

Well, I would need a lot more detail to give you any kind of reliable answer, as this is a legal situation and the details matter.  I can say that, in general, with no lease signed, and only the verbal agreement you mention, that most courts will consider a verbal contract as an implied contract, meaning that you offered a place for rent, they agreed to it by taking occupancy (which should be easy to prove) so a contract existed.  The fact they did not pay anything at all simply would mean that the start date for non-payment would be the date they took residence, and eviction proceedings could go forward as soon as the non-payment period expires (usually 60 to 90 days depending on the state).

As I am not an attorney, nor am I intimately familiar with California Tenant Law, I have included a few links below that might be able to offer more specific information.  Pay specific attention to the California government site on the eviction process.  They can probably offer better information and advice than you can find on eNotes.