Legal Question in Real Estate Law in California

Re: evicting tenant no written rental agreement

Proceed with the three day notice, and then consider the following possibilities:

1. Next time he is abusive to the tenant call the police and report the incident. The police may not arrest unless they see bruises or other such marks, depends on the police department policy. Your daughter can perform a citizens arrest. She merely has to tell the police that she wants the man arrested. After he is arrested she should change the locks on all the doors.

2. She can obtain a temporary restraining order. Since they live in the same house and she may be able to get a domestic violence restraining order. The police can issue a restraining order on the spot, assuming they feel the your daughter qualifies. The tenant can easily obtain a domestic violence restraining order.

3. Your daugher may file a petition for an Injunction prohibiting harrassment. This procedure provides for a temporary restraining order.

Any of these options can get him out of the house immediately. Further in regard to the restraing order, that can be submitted to the judge without notice to the tenant's boy friend. This will allow her to test the water on these theories. But she must be sure to clearly explain that the man is the boyfriend of the tenant. Also stress that they live in the same house and share common areas of the house. This exposes your daughter and the small children to his violence whenever he is present.

Let me know what success she has in this matter.

Lyle Johnson

Lyle W. Johnson Attorney at Law

152 N. Third Street, Suite 510

Re: evicting tenant with no written

Yes, you do need to evict but you can do it on a 3 day notice for unpaid rent rather than a 30 day notice.

Ken Koury

Kenneth P. Koury, Esq.

5807 Topanga Cyn Blvd., Suite G-201