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Updated almost 5 years ago,

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Andrew Frank
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(Help) Tenant Eviction With No Lease - Oakland, CA

Andrew Frank
Posted
Hi All,

New to the forums but thank you in advance for any assistance you may be able to provide. 

BACKGROUND: 

  • Goal: Evict tenants and sell property
  • Unit Type: Duplex (Non-owner occupied)
  • Lease Date: Rented since 2010
  • Tenants ON lease: All have slowly provided notice and vacated, but new tenants have taken their place via friends/craigslist (new tenants were NOT added to lease) however I was advised they had moved in.
  • Tenants NOT on lease: Have been paying rent directly to me via the longest serving tenant of five years who pays the full amount in check format. The longest standing tenant has resided at the unit since 2014, but again they are not on the lease.


Question(s):

  1. Is providing 60 days notice to vacate sufficient?
  2. Will I need to leverage the Ellis Act?
    1. Is this possible?
  3. Do I need the Ellis Act or Just Cause to evict tenants since none are on the lease?
  4. Is there an implied contract with myself and the tenants since I accepted payment from them?
    1. All original tenants vacated 2+ years ago


Thank you in advance!

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