Legal Question in Landlord & Tenant Law in California

Lease Agreements

I have a house that I agreed to get with my brother. We had a verbal agreement for rent. My brother moved his girlfriend in and I never had a verbal agreement with her. My brother lost his job and didn't play rent for a month, then through unemployment was only able to give half the rent. I want to know what my rights are as far as evicted them and how to legally get them out?


Asked on 8/05/07, 12:52 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Lease Agreements

You would provide them (collectively) with a 3-day notice to pay rent or quit. If they don't pay the remainder in 3 days, you file an unlawful detainer lawsuit in court. (DO NOT accept rent after you serve a notice or you have to redo everything.) Then in a couple of weeks the court will hold a 5-10 minute trial and make its decision based upon the evidence presented and, if it finds for you, you bring a copy of the judgment to the sheriff or marshall, pay the fee, and a few days later they're evicted. You will have a locksmith there to change the locks, unless you can do that yourself.

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Answered on 8/05/07, 1:00 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Lease Agreements

I basically agree with Mr. Cohen, except it is unclear where you say "we" had a verbal agreement. Is the "we" you and brother, or you and landlord?

Either way, you need to evict brother and girlfriend.

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Answered on 8/05/07, 1:05 pm


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