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  1. #1

    Default How to Evict Somebody From a Summer Vacation Rental

    My question involves landlord-tenant law in the State of: California
    How long does it typically take to get someone out who refuses to leave on a short-term summer vacation home rental in Los Angeles? I'm looking at renting for anywhere between 1 week and 3 months (absolute maximum). Is it all about the same amount of time to go through the whole court process?
    With a properly worded contract (that they agree to sign) will that speed things up? If so what specific points in a contract should I look for?
    What would you call the type of contract that I want if I were to search online on sites like Legal Zoom? Just a "short-term lease" contract?

  2. #2
    Join Date
    Mar 2013
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    17,041

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    I thought we kicked this around in your previous threads.

    If not, then the answer is: It's the exact same process as getting any other tenant out and it takes as long as it takes to go through the court system.

    Yes, you can google "short term lease" and see what you come up with.

    With regard to eviction the only important part of the contract is the expiration date of the rental period.

    If the tenant is still there the day after, you serve the notice to quit and you follow up with eviction through the courts.

  3. #3

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    Quote Quoting adjusterjack
    View Post
    It's the exact same process as getting any other tenant out and it takes as long as it takes to go through the court system.
    So I guess this is an urban legend going around that when someone rents for 30-days or less you can get them out quicker and easier. Here's an actual quote that I found regarding those Palm Springs squatters from last year...
    "When the condo owner hired a lawyer, she discovered that, in California, tenants who rent property for 30 days are considered month-to-month-lease tenants, meaning that in order to kick her squatter out, she would actually have to go through the whole process to evict him. Eviction is neither fast nor cheap: it could take as much as half a year and cost around $5,000 in lawyer's fees."

  4. #4
    Join Date
    Jun 2015
    Posts
    988

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    One option would be to put in rate hikes and or liquidated damage clauses for hold overs...but if you get too draconian the courts will probable toss them..and some courts take a dim view of any penality language...so one of my friends reversed it to be incentive language....but any way you play it once you get past a few days/weeks as might be covered by hotel rules , You have tenants with.pile of rights...and if you,rent out your place just a hair too long via any of the online sites..and the guest squats...God help you...

  5. #5
    Join Date
    Sep 2005
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    Default Re: How to Evict Somebody From a Summer Vacation Rental

    You received your answers here. If you are too lazy or disinterested to qualify your rental for treatment as something other than a standard residential rental property, then you should rent it out in that manner.

  6. #6

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    Quote Quoting Mr. Knowitall
    View Post
    You received your answers here. If you are too lazy or disinterested to qualify your rental for treatment as something other than a standard residential rental property, then you should rent it out in that manner.
    In order to qualify as a hotel you have to have among other things "Food service provided by a food establishment located on or adjacent
    to the premises and owned or operated by the innkeeper."
    I don't know of ANY Air BnB renter who has a restaurant attached to their condo or home. Call me "lazy" but I don't have it in me to build and manage a restaurant in my home, hire employees, etc. LOL

  7. #7
    Join Date
    Sep 2005
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    Default Re: How to Evict Somebody From a Summer Vacation Rental

    If you're unwilling or unable to spend the time necessary to understand the statute, I again suggest that you retain a lawyer to walk you through its language.

  8. #8

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    I think I'm done with you Mr. Knowitall. Consider this thread for OTHER attorneys to respond to. Forums by nature are for people what want to HELP.

  9. #9
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    Quote Quoting Man_V_Wild
    View Post
    I think I'm done with you Mr. Knowitall. Consider this thread for OTHER attorneys to respond to. Forums by nature are for people what want to HELP.
    Be prepared for no more answers....
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  10. #10

    Default Re: How to Evict Somebody From a Summer Vacation Rental

    Quote Quoting Dogmatique
    View Post
    Be prepared for no more answers....
    And you speak for everyone here? I don't think you would understand California law anyway since you are in Canada. No biggie.

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