Legal Question in Landlord & Tenant Law in California

Tenant/Landlord Rights/Action
I recently allowed my friend's son (age 21) to move into a studio apartment I had for rent. He has only been there 2 months - this is the third. He paid the first and second month in a total of $500.00 per month which was the agreement. He paid the full amount in payments throughout the month. This third month he has only given me $130.00 and this is the 25th of the month. I want him out by the 1st. We have never had any written agreement nor has he paid any security deposit. Can I pack his clothing (It's a fully furnished apartment) and have the locks changed. Although I listed the subject as tenant/landlord, I don't think we ever really established that relationship. If I cannot do this legally but decide to take action, what would the penalty be?

Asked on 7/25/08, 4:16 pm

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Tenant/Landlord Rights/Action

As a landlady, you do not need a criminal record.

You cannot pack the clothing, and you cannot change the locks-----legally, that is.

You do have a lease. It just isn't in writing.

Deliver a 3 day notice. On the fourth day file an unlawful detainer (eviction).

Otherwise, you are facing numerous possible charges, depending on the value of his clothing and "stuff".

Answered on 7/25/08, 5:44 pm

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