Evicting a tenant
I have a man renting a room from me with no lease agreement that was given 30 days to leave and he is refusing to leave. There is no written lease agreement and he has not paid in full his rent for this month. Other tenants are uncomfortable around him and he is a major nuisance and verbally aggressive using derogatory remarks towards other tenants. What can I do to get him out?
Re: Evicting a tenant
Since he has not paid his rent in full, you can prepare an unlawful detainer action against him. This is the judicial proceeding to evict a tenant and is streamlined for that purpose as opposed to a typical lawsuit.
Feel free to contact me if serious about getting legal help for this.
Good Luck.
George Moschopoulos
The Law Office of George Moschopoulos
600 Anton Boulevard, 11th Floor
Costa Mesa, CA 92626
Re: Evicting a tenant
You have a couple of options. If he has lived there for more than 1 year, you owe him a sixty day notice, and will have to rescind the 30 day notice, and give him a new one. I’d suggest having an attorney prepare the notice so it is not subject to attack once you have to file an unlawful detainer action to get rid of him. After the notice runs, you can then go to court and file an unlawful detainer lawsuit to evict him. Again, this should be done by an attorney so it is done properly, and not dismissed. Alternatively, you could give him a “Three Day Notice to Pay Rent or Quit.” Just because you don’t have a written lease doesn’t mean you can’t evict him. You just have to allege an oral lease agreement between you and he. I’d again strongly suggest you contact a local real estate attorney. Our firm handles evictions regularly.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
David Gibbs
The Gibbs Law Firm, APC
110 E Avenida Palizada, Ste 201
San Clemente, CA 92672-3956
Re: Evicting a tenant
File an eviction proceeding. Good luck, you’re going to need it. Hire an attorney or ‘eviction service’ if you don’t already know how to do so correctly.
Terry A. Nelson
Nelson & Lawless
18685 Main St., #175
Huntington Beach, CA 92648
Re: Evicting a tenant
An unlawful detainer action could be filed on the 30 day written notice. Alternatively, you can serve a 3 day notice and file the unlawful detainer for non-payment of rent. Please contact me if you have any questions.
Larry Rothman
Larry Rothman & Associates
1 CITY BOULEVARD WEST, SUITE 850
Orange, CA 92868