Legal Question in Landlord & Tenant Law in California

You will treat him just like he is a month-to-month tenant (since I assume you have no written or oral rental agreement for more than just a month-to-month tenancy). If he has lived in the property for less-than a full year, you would give him a thirty day notice to terminate his tenancy. If, alternatively, he has lived in the property for a year or more, you have to give him a sixty day notice to terminate his tenancy. In neither of those notices do you have to give him any reason (nor should you give him any reason) for why you are terminating his tenancy. If he then stops paying rent, you can give him a three day notice to pay rent or quit. When (if) he doesn't leave at the end of the three, thirty or sixty days (whichever is applicable), then you must file an Unlawful Detainer (eviction) lawsuit in the Superior Court. You may want to hire an attorney to do so because there are other factors that might affect what type of notice you need to give. The local Court's website may be helpful in filing the lawsuit as they sometimes have instructions for filing and prosecuting eviction lawsuits.

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