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HELP - Renter won't leave!

  • Thread starter Thread starter LaurenJean
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LaurenJean

Guest
What is the name of your state?What is the name of your state? CALIFORNIA
I have read through quite a few threads and CA Laws but I can't seem to find a complete answer. Here's my situation:

What is the name of your state? CALIFORNIA
I have read through quite a few threads and CA Laws but I can't seem to find a complete answer. Here's my situation: I rent rooms in my home and recently helped a guy I get on his feet. We only had a verbal agreement nothing in writing and he never paid a deposit. He has been in my home since Feb 4th, 2004. It was intended he pay the rent monthly but instead it’s in increments and never on time. On July 22nd I told him that our living arrangement is not working out due to his conflict and disrespect in the house with my other renters and I. I asked him to leave by the end of the month and left the choice to him if he was going pay July’s rent but mainly want him to leave. On July 29th I gave him an agreement to sign that he and his belongings would vacate my home by August 4th, still not asking for July's rent. He would not sign the agreement so my mother who is also the property owner to ask him to leave. He gave his “word” he would leave but did not. He said he wanted to work it out with paying me the rent. I did not to accept it because I do not want him to live in my home. As of today he is still in my house, has not paid rent for July or August and claims to be looking for a place to live. I don't care about the $$, just a serene home. I know I let my bleeding heart get me into this predicament do how do I get this cockroach out of my home? :confused:
 


dequeendistress

Senior Member
Be sure to serve the non paying renter an eviction notice. Keeping proof of service or attempted service, this could be done by retaining a return receipt from the postal service. If the non paying renter remains after the final date within the notice, you can then file against him for unlawful detainer.

The links below maybe helpful:

http://www.dca.ca.gov/legal/landlordbook/terminations.htm
http://www.dca.ca.gov/legal/landlordbook/evictions.htm

The following link is a complete overview and I would suggest you and your mother follow each and every link: http://www.dca.ca.gov/legal/landlordbook/terminations.htm
 

HomeGuru

Senior Member
LaurenJean said:
What is the name of your state?What is the name of your state? CALIFORNIA
I have read through quite a few threads and CA Laws but I can't seem to find a complete answer. Here's my situation:

What is the name of your state? CALIFORNIA
I have read through quite a few threads and CA Laws but I can't seem to find a complete answer. Here's my situation: I rent rooms in my home and recently helped a guy I get on his feet. We only had a verbal agreement nothing in writing and he never paid a deposit. He has been in my home since Feb 4th, 2004. It was intended he pay the rent monthly but instead it’s in increments and never on time. On July 22nd I told him that our living arrangement is not working out due to his conflict and disrespect in the house with my other renters and I. I asked him to leave by the end of the month and left the choice to him if he was going pay July’s rent but mainly want him to leave. On July 29th I gave him an agreement to sign that he and his belongings would vacate my home by August 4th, still not asking for July's rent. He would not sign the agreement so my mother who is also the property owner to ask him to leave. He gave his “word” he would leave but did not. He said he wanted to work it out with paying me the rent. I did not to accept it because I do not want him to live in my home. As of today he is still in my house, has not paid rent for July or August and claims to be looking for a place to live. I don't care about the $$, just a serene home. I know I let my bleeding heart get me into this predicament do how do I get this cockroach out of my home? :confused:

**A: I guess you did not read the CA Civil Codes in detail. The law is quite clear on what to do in the event of non payment of rent or termination of a m/m lease with a holdover tenant
 
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LaurenJean

Guest
The law may be clear but my understanding is not, that’s why I'm asking questions regardless if they seem not dim to others. Does this guy have any rights if we never signed anything? Everything has been verbally loose up until July 22nd when I asked him to comply with leaving in writing. Does that have any legal binding? If I serve him a 3-Day Notice and he decides to pay the 2 months late rent then I waive my right to evict him based on late payment. I want him out more than the money. Are rude behavior and disrespect grounds for eviction? Thank you for the links I did read them before I posted on this site but wanted to explain my situation with someone with legal knowledge. If this is a cut and dry situation and I need to proceed with strictly legal action, I will follow the required steps.
 

dequeendistress

Senior Member
If you have already begun legal eviction proceedings I do not think you will have to accept the rent which was late. The moment you accept the rent then you are continuing the cycle.
 

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