Legal Question in Real Estate Law in California

Re: tenant

You don't need a written contract, of course, to create a landlord-tenant relationship. You're not denying that the person in your home (well, maybe we should say "in the house you own" since it is the tenant's home now) is there lawfully, and is indeed your tenant and not a trespasser. A lease for a year or less can be created, and is enforceable, based upon an oral agreement.

You can remove the tenant by a lawful eviction process, but only if you have a lawful ground to terminate the tenant's possession. The possible lawful grounds include (1) the expiration of the lease; (2) the tenant's material breach of the lease by, for example, not paying the rent; or, if the rental is month-to-month and not for a definite term, by giving notice (often 30 days, for a longer-term occupant, 60 days notice may be required).

The process of giving notice and carrying out a lawful eviction, including if necessary bringing and prosecuting an "unlawful detainer" lawsuit and then having the sheriff escort the former tenant out is very technical, and while experienced landlords know the ropes, a beginner (anyone who doesn't have a written contract is by definition a beginner) should get assistance, either from a lawyer, a bonded eviction service, or by studying self-help law books on how to be a landlord and tenants' rights.

If you are in a community with rent control or similar pro-tenant laws, you are in double trouble and for sure must seek local professional help.

Re: tenant

You give a 30 day notice if the tenant has resided for less than 1 year and 60 days if more than a year. Is the tenant behind in rent?