Legal Question in Real Estate Law in California

Tenant Refusal to Vacate After Providing Notice
My mother has a live-in boyfriend and wishes to terminate the relationship. We discovered that under CA law he is protected as a tenant even though they have no written lease agreement and he has never paid any rent (though they mutually agreed that he would pay $200/week for room and board). Law enforcement officials informed us that we would have to enter into formal eviction proceedings to have him removed from my mother's residence, a process which could take 90-days or more. The boyfriend is well-versed with these laws, as his father had difficulty evicting a tenant a couple of years ago, and he is threatening to "drag his feet" to make the process take as long as possible.

After some discussion last night, the boyfriend signed a notice to by the end of this month. Today, however, he says that he will force us to go through the eviction proceedings and will not vacate as he agreed to per our contract. Is the signed notice to vacate enforcible? Should we begin formal eviction proceedings? What options do we have?

Asked on 7/19/99, 7:53 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Tenant Refusal to Vacate

you need to evict. the sooner you get started the better.

Answered on 7/22/99, 12:39 am

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