Legal Question in Landlord & Tenant Law in California

30 day notice

I live in California. A friend of mine was having finincial

difficulties and moved in ''rent free'' for a verbally agreed

3 month time period. The three months is over and this

friend will not move out. If someone is not paying rent,

do you still have to provide a 30 day written eviction

notice? Or can you kick out the houseguest at any time?

Does the fact that it is already past 30 days from the

verbally agreed upon move-out date matter? Can I

charge rent for the remainder of the friend's stay? If so,

how much can I charge?


Asked on 8/29/03, 4:59 pm

1 Answer from Attorneys

Dieter Zacher Law Offices of Dieter Zacher

Re: 30 day notice

Change the locks and put his stuff outside. There is no written agreement. He's a friend that overstayed his visit. If he creates a problem, call the police and have him arrested for trespassing. If you feel that you need to evict by court process, then, serve him with a 3 day notice to pay rent or quit. If he doesn't pay, then, you'll have to file unlawful detainer proceedings. Please consult a local attorney to assist you with this process. Good luck and thanks for inquiring.

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Answered on 8/29/03, 6:34 pm


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