Legal Question in Real Estate Law in California

Re: Evicting a tenant

Since he has not paid his rent in full, you can prepare an unlawful detainer action against him. This is the judicial proceeding to evict a tenant and is streamlined for that purpose as opposed to a typical lawsuit.

Feel free to contact me if serious about getting legal help for this.

Good Luck.

Re: Evicting a tenant

You have a couple of options. If he has lived there for more than 1 year, you owe him a sixty day notice, and will have to rescind the 30 day notice, and give him a new one. I'd suggest having an attorney prepare the notice so it is not subject to attack once you have to file an unlawful detainer action to get rid of him. After the notice runs, you can then go to court and file an unlawful detainer lawsuit to evict him. Again, this should be done by an attorney so it is done properly, and not dismissed. Alternatively, you could give him a "Three Day Notice to Pay Rent or Quit." Just because you don't have a written lease doesn't mean you can't evict him. You just have to allege an oral lease agreement between you and he. I'd again strongly suggest you contact a local real estate attorney. Our firm handles evictions regularly.

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Re: Evicting a tenant

File an eviction proceeding. Good luck, you're going to need it. Hire an attorney or 'eviction service' if you don't already know how to do so correctly.

Re: Evicting a tenant

An unlawful detainer action could be filed on the 30 day written notice. Alternatively, you can serve a 3 day notice and file the unlawful detainer for non-payment of rent. Please contact me if you have any questions.