Legal Question in Landlord & Tenant Law in California

I recently bought a Modular home located in a mobile home park. The mobile home park requires all tenants living in the park to sign a rental agreement/lease. I had a friend staying with me to help me

"fix up" the place. He agreed to pay half the space rent. He signed the rental agreement/lease with the mobile home park and is listed as a tenant in my home. To make a long story short, he has never paid a penny in rent, and I am trying to evict him and not sure if I am preceding correctly. He doesn't want to leave as I have been providing him with free place to live, and providing him with 3 meals a day. I have no written agreement with this person, only the mobile home park does. I am giving him a 3 day notice to pay or quit, he owes close to $1,000. Since he doesn't have a job I am pretty sure he won't be able to pay this amount to me. Is this the correct procedure?


Asked on 7/10/10, 11:23 am

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

He is a tenant whether or not he pays rent. It is the promise and legal obligation to pay rent that determines his status. So you have to give him a three day notice and then follow it up with an unlawful detainer suit [someone else has to serve him with the papers for that]. Since he is judgment proof and it will take some time to get him out, why not, along with the three day notice, offer in writing that if he agrees to allow a judgment to be taken against him in a 3 day notice case and moves out within 3 days of the agreement and never returns, you will waive the back rent he owes you?

As long as you keep feeding him, why should he think you are really going to force him out?

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Answered on 7/14/10, 10:12 am


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