Legal Question in Landlord & Tenant Law in California

eviction - 3 day notice?

I am posting this to obtain information for a friend who needs some advice.

She and her husband own a home and have allowed a man to rent space on their property. The man (tenant) has a self contained RV on their private property (not an RV park). Unfortunately, they did not have him sign a lease or anything in writing.

This was their verbal agreement - He was permitted to live in his RV on their property, use their shed to store his own items, use a small area on the property for any of his things and have 2 parking spaces on their property for $500 per month. As I said, this was a verbal agreement. He has not paid rent in several months.

I do know that late fees cannot be included on a 3 day to pay or quit notice and only the total rental amount owed can be specified.

Although they do not have a lease or written agreement and the tenant is not renting an actual room or apartment, but solely space and the shed, etc. can the homeowners still use the 3 day to pay or quit form and then get an unlawful detainer 3 days after serving the notice if he does not pay in full? Should they also


Asked on 11/08/08, 5:39 pm

1 Answer from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

Re: eviction - 3 day notice?

The fact that you dont have a written lease is probably not that big a problem. What may cause problems is if you try to evict yourself without an attorney. Where are you located?

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Answered on 11/09/08, 10:07 pm


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