Legal Question in Landlord & Tenant Law in California
Los Angeles - How long to establish tenancy ?
Someone recently move into my mom's house and agreed to pay her $500 in rent to rent a room. He moved in about 10 days ago. This is in the West Hollywood area, which apparently is not under rent control. This is a friend she knew from many years ago.
I am not sure how much I trust this person, but am not going to expound on the details.
He has given her $250 so far, and now says it's not worth the $500, since he has to do a lot of cleaning of the room he's renting. There has not yet been any written agreement.
My question is does this person now have the rights of a tenant, or does he need to be there 30 days to establish that? If we wanted him to leave (with notice) would we now have to do an eviction or could this short period of time be considered that he was staying there temporarily?
If he does stay, can we limit the time, by doing say, a 3 month lease or agreement?
Thanks much.
2 Answers from Attorneys
Re: Los Angeles - How long to establish tenancy ?
The day he moves in, he has established tenancy. If he agreed to pay $500 per month, he must do so. Now, of course, you must give him a 3-day notice to pay or quit (move). If he does not pay, you can start eviction proceedings. If he pays, and you want him to move anyway, you can give a 30-day notice to terminate the tenancy.
Re: Los Angeles - How long to establish tenancy ?
I believe that your tenant is a "tenancy" and since it is month to month, you must give her a 3O day notice, unless there is a written agreement for a longer lengh of occupancy. I assume that you are not within rent control. Please contact our office for review of your documentation and consultation. 714 363 0220. ourorffte racttre
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