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Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 45714
Experience:  Attorney with 29 years of experience.
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I have two people living in my house with me for a little over

Resolved Question:

I have two people living in my house with me for a little over a year they have no rental agreement ,I want them to leave .
I was planing on handing them each a 60 day notice to leave on the 1st, my question is how many days do they have to pay the rent so I may give them a 30 day notice instead of a 60 day? oh I am in California.
Thank you! I am very happy with this service.
Submitted: 4 years ago.
Category: Legal
Expert:  Richard replied 4 years ago.

Good evening. With no lease, your tenants, as you know, are deemed month to month tenants. As such and being that they have been there for one year or more, you can terminate the tenancy by giving written notice at least 60 days prior to the end of any month period.

 

But, with no written lease, if your tenant is one day late with rent, you can give a 3-Day Notice to Quit...meaning your tenant must pay the rent within that period or vacate the premises. Then, if your tenant still has not left, you must file a petition in small claims court for an eviction order. Once that is granted...which is a simple process...you can have the sheriff evict. You may then file a claim for all unpaid rent, including utilities. Once you get your judgment, you can attach the tenant's assets, including bank accounts, and garnish wages, to collect that judgment. Unfortunately, under California law, if at any time before the actual eviction order is granted, the tenants pay the rent, then eviction process is stopped.

 

If you really want them out in 30-days rather than the required 60 day notice period, you might want to think about giving them some incentive to leave early. Otherwise, it is unlikely you can get them out before the 60 day period.

 

 

I hope this has given you the guidance you were seeking. I wish you the best of luck!

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Richard, Attorney
Category: Legal
Satisfied Customers: 45714
Experience: Attorney with 29 years of experience.
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