Legal Question in Landlord & Tenant Law in California

Eviction

There is a person living on my property , we have no formal rental agreement only verbal. This tenet recently tried to kill himself by overdosing on medication. The tenet left his door open with his dog barking my son (who lives on the same property) wanted to go and play with the do like he normally does when to door is left open. I don't like my children to disturb tenet so on this day I kept my son busy inside. About 20 minutes later I see the police and medical personal taking the tenet away. His mother have arrived and found him on the floor. They found medication and drugs in the room. His mother has told me that her son (the tenet) is unstable. He is behind in his rent and electricity. My biggest concern is the safety of my children. I hate to think what would have happened if my son had gone to the tenets and found him in this state. The tenets mother is planing to move him out in a month and a half but I would like to see him gone sooner. I there a way to evict someone who is a danger to children that takes less time then a normal eviction?


Asked on 10/10/07, 2:05 am

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Eviction

I agree with Mr. Cohen. But, to answer your question, there is no quick eviction that covers this situation.

You can evict both for back rent, and creating a "nuisance", and you don't need a written lease.

I would agree that an attorney could be of great assistance, although you could do this yourself, if you can follow directions.

If you need more, please feel free to e-mail, or call my office. But, don't wait, because you might be lucky and get him out within a few weeks, if he doesn't file an answer to the complaint which you have to have served on him.

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Answered on 10/10/07, 11:43 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Eviction

If he's behind on the rent, serve him with a three-day notice to pay or quit. When he doesn't do so in that time period, file your unlawful detainer action and serve him. If he doesn't answer in 5 days, take his default and have him evicted. There are attorneys who handle these evictions for a reasonable price.

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Answered on 10/10/07, 2:18 am


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