Legal Question in Landlord & Tenant Law in California

We rented an apartment that is connected to our home, but has its own entrance, to someone about 15 months ago. This was a verbal agreement which stated that it would be month to month so that if either party wasn't happy, the agreement would be terminated. We gave him 2 months written notice which expired yesterday and he is not moving out. Our original reason was because he wasn't keeping his side of the agreement by keeping the place neat and clean to the point of being an outrageous mess and we were in the process of trying to sell our home and our realtor told us that she couldn't show that space. Shortly after we gave him notice he threatened us with small claims court over a bogus issue regarding free internet, which was always available to him. He also got into a fight with one of our neighbors and started causing him all kinds of trouble. We're now taking our home off the market, are completely uncomfortable about this person and want him out. What can we do? Thanks much!


Asked on 10/02/09, 12:29 am

1 Answer from Attorneys

If you gave him proper written notice that the leasehold was terminated, your next step is to file an unlawful detainer action go recover the premises. Holding over after the tenancy expires is the same as staying without paying rent. You are subject to court ordered removal and liable for the costs of moving you out. So that is how you proceed against him. There are standard forms for getting the action going at http://courtinfo.ca.gov Or you can retain an attorney. The process is expedited, but for that reason all the procedural requirements must be met, so even if you represent yourself it might be a good idea to have an attorney coach you.

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Answered on 10/02/09, 12:45 am


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