n10zt

Had verbal agreement to sub-lease a room on a 2-monthly basis. Meaning, I would get 60-day or 2 month notice before the tenant moves out.

Tenant paid half month rent (3/15 - 3/31) + last month upon moving in.

Tenant moved in and didn't want to sign per the verbal agreement.

Lease had not been signed or anything.

QUESTIONS:

Can I just kick out the tenant by the end of the month?
Since the tenant had already moved in prior to actually signing the lease, do I still owe a 30-day notice before eviction?

I want this tenant out ASAP. How?

Rweasel6

I may be able to help you. I have my real estate license and I rent out a triplex as well. Heres the deal. A verbal agreement technically holds up just like a signed document (In this case). The problem is you have no proof of any kind of agreement therefore if you were to end up in evictions court the benefit of the doubt would fall to the tenant most likely and you would be required to go through an eviction in the same manner as if he had signed a normal lease agreement. The short and skinny is if you agreed to a 2 month deal you cannot just give him the boot written or not. The short and skinny.

1. If he isn't paying you the money you need to serve a 3 day pay or quit notice before you can give a 30 day notice. If he is paying then....

2. Serve the 30 day notice ASAP. He wont be required to move out unless you get this going. Plus even if you serve a 30 day notice, at the end of the the 30 days you personally cannot just throw him out if he doesn't want to leave. You still have to get a ruling from judge (If he doesn't vacate), in which case the judge would order him out within a week. If he did not move out within this time a sherrif officer would be assigned to come out and remove the tenant where he would be left with only a couple hours to remove his stuff after which you would be able to get rid of it. Believe me you do not want to go this route. Hopefully the 30 day notice is enough and you don't even have to go to the evictions court.

3. REMEMBER In the state of California if a tenant has lived at an address for more than one year you are required to serve a 60 DAY NOTICE not 30 (Not applicable in this case)

4. You must return the tenants deposit with a breakdown of costs (if you deducted any) within 1 week I believe (Could be 2).

5. Basically DOCUMENT EVERYTHING with Dates and signatures.

6. You can serve a 30 day notice by mail. My suggestion here is to make sure you receive a delivery confirmation. The mail address must match the address of the property the person lives at or an agreed upon address as stated in the lease agreement.

If you need any other info maybe I can shed some more light on the subject.

n10zt

Thank you and I appreciate your reply.

Since I want to minimize my inconvenience and the benefit of the doubt falls to the tenant, the only choice is the 30-day path.

I've given out the 30-day notice on the 25th and had it written and signed tonight. The tenant will move out on the 29th concluding this fiasco.

Good to know about the 60-Day notice.

I thought the deposit is not due back to the tenant until after the following month of vacancy.

Rweasel6

Just looked it up. Its 3 weeks to return the deposit in california. Yeah pretty much the best thing is to serve the paperwork as stated by the law.
Sounds like you got it under control. Good luck.