Legal Question in Landlord & Tenant Law in California
evicting a month to month tenant
We own a duplex in Los Angeles County. We decided to rent a unit on a month-to-month basis to a family member who agreed to all terms. It�s been 5 yrs. now; he�s punctual on his rent. But the unit has one bedroom with 700 square feet of living space. The original contract stated 4 individuals; they�ve grown to 6 with no rent adjustment. The unit�s condition is worsening. Our other tenant is complaining; she feels the place is looking run down and the kids make too much noise. For the past two years, I�ve sporadically requested they begin to look for a bigger place as our mother (owner of the property) wants to move back in. We wrote the tenant a letter March 2007 requesting they vacate the unit by August 2007. We received a call from the tenant today requesting compensation. He�s requesting $2000.00 when his rent is only $850 and he never paid a first and last deposit. The agreement also states no painting of walls; each room is painted in very bright colors which will require several coats to hide. Does a tenant have such a right given that he hasn�t abided by the agreement rules and he�s on a month to month agreement?
1 Answer from Attorneys
Re: evicting a month to month tenant
You don't need a reason to evict, provided you give proper notice (and you have).
The tenant is not entitled to compensation, You indicate there was no deposit, so you were very lax about negative things which transpired.
Unfortunately, you'll probably have to sue the tenant, family member or not.
You need to file an unlawful detainer, if the tenant does not vacate voluntarily.
You'll also need to file a small claims case for the repainting, and any other damage done by the tenant.
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