Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
Could you explain a little more?
What is your question?
As the owner of a house and renting a room to a person, without a written agreement, which term is expected to be for three months at $500.00 per month rent. With the rental paid in arears. In other words that is by agreement, after every 30 days has past, the rent is paid in arears.
Now six days into the first month, I find that the person is not what they represented themself to be.
Question, can I evict them within twenty four hours, or must I give them 30-60 days notice?
Thank you for the additional information:
Response: You must give them a 30-day notice to move out. Then, if they do not move out at the end of the three-day notice, you have to file unlawful detainer action against them and obtain a Writ of Possession from the Court before the can be forced out. There is no self-remedy to evictions in California. This means that you cannot change the locks, shut off their utilities in order to force them out. You must use the Courts to force them out.
Texting is not considered proper notice under California law.
These are proper notices:
(1) You served the notice to the tenants in person by handing it to them;
(2) Posting the notice on their door;
(3) Mailing the notice to him by regular mail.
See California Code of Civil Procedure Section 1161(2)-(4); 1167.3, Code of Civil Procedure Section 1170.5(a); California Civil Code Section 789.3., Civil Code Section 1717.
The unlawful detainer/eviction action would be filed in the Superior Court in the County where the property is located. Click here for more details on eviction procedures and for unlawful detainer forms:
Would boarding house/motel/hotel laws in this instance change your answer?
Response: No, it does not.
DRE, CA Tenants handbook:
Single lodger in a private residence
however, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. the owner can give the lodger written notice that the lodger cannot continue to use the room. the amount of notice must be the same as the number of days between rent payments (for example, 30 days). (see "landlord's notice to end a periodic tenancy," page 50.) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.11
Does this have any bearing?
Response: Yes, it does. The 30-day written notice still must be given. At the expiration of the 30-day notice, if they do not leave, you can evict them without going to Court. See California Civil Code Section 1946.5 and Penal Code Section 602.3.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).