Legal Question in Landlord & Tenant Law in California

Rental will be my primary... how to evict a tenant ?

I will move back to my rental property as my primary residence with my daughter and want no tenants at all.

There's a male tenant who lives in my master bedroom for 5 months and hasn't paid rent for 3 months. I only have an oral lease agreement with him. I gave him 30-day notice 20 days ago and he is not willing to pay rent nor move out.

I traced back the info. he gave me and found out he lived in a homeless shelter before move into my house. I was so stupid not checking his credit/reference. What if he really cannot find other place to move to before me and my daughter move back ?

I will be sleepless as long as he is staying in my house... I am worry about the safty of my daughter and myself ! I will move in by the end of March. If he still lives there do I have more legal rights to ask him move out ASAP since this is not a rental property anymore ??

Please help and advise me what I should do ...

Thanks so very much !

--name removed--...a sleepless mom


Asked on 3/09/05, 1:32 am

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Rental will be my primary... how to evict a tenant ?

You have the remedy of unlawful detainer, a legal term for eviction. If you are already living in the house, the eviction process is greatly simplified. If you are not now living in the house, you must file a lawsuit to have him evicted. Typically, the eviction will take about 30 days. If you want assistance in doing the case yourself (it's pretty simple), call me and I'll be happy to help. Phil: (310) 806-9237

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Answered on 3/09/05, 11:32 am
Gregory Broiles Legacy Planning Law Group

Re: Rental will be my primary... how to evict a tenant ?

If he will not leave on his own, we can ask the court to order the sheriff to evict him from the property. He has the right to request a court hearing regarding the eviction if he chooses to do so. Unfortunately, the eviction process can take several weeks. Moving back into the property will not speed up the eviction.

It does not matter whether or not he is able to find a new place to live - if he is evicted, he is evicted, and finding a new rental is his problem.

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Answered on 3/09/05, 1:13 pm


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