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Updated over 6 years ago, 04/15/2018
Winning Eviction Trial w/o Lease?
Hi, All. I recently bought a small multi-family property and needed tenants to move out. Per agreement, listing agent sent 60-day notice by plain mail and door post 30+ days before escrow closing. One tenant did not pay rent for remaining term of old lease nor agreed to move out even I offered free rent this month and 50% rent for relocation expense. His statement indicates that he is taking advantage of the court backlog. Listing agent emailed me his declaration of service for trial evidence. When I consulted the lawyer, lawyer said the case might not be easy because I do not have a lease agreement with tenants. On another hand, a friend told me that I can complete eviction in 1 month in CA without trial.
1. is my friend right?
2. is the lawyer right?
3. is listing agent's declaration of service to tenant alone be sufficient evidence to win an eviction trial? Or listing agent must show up on court as a witness?
4. Is there typical compensation to witness in a eviction trial? Even there is none, suggestion is still welcome.
5. I would like to report to credit agent, the government or other organizations this bad tenant. Is it possible? If yes, how?
6. what should I do to maximize my chance to recover my loss in this eviction?
Thanks folks.