I am a sublandlord trying to evict my boyfriend who does not pay rent. What forms do I use and what steps do I follow? I live in Orange County, CA. Boyfriend is not on lease.
State/Country relating to question: CaliforniaWhat have you tried so far?: I've tried reasoning with him and asking him to move out. He agrees but no progress has been made. Now he's threatening to take all of the furniture and "every gift he's ever bought me." Needless to say the situation is deteriorating rapidly.
You need to give him a written notice for 3 days to leave for non-payment of rent and if he is not out in 3 days you would have to go to the court and file a petition for unlawful detainer (eviction) and serve him and the court will set the matter within about 20 days and hold a hearing and order him out within 5 days. As far as him taking the "gifts" he gave you, this is a different matter as you would have to prove they were gifts and not just property he purchased for the apartment and these disputes become very heated because it is generally so difficult to prove they are gifts as there are normally no written documents proving they were gifts.
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To clarify, the "written notice for 3 days to leave for non-payment of rent" still applies here even though he has never paid rent and never been asked to pay rent? If so, is there a form for this or any sort of required information that must be included in this notice?
I read here: http://www.landlordtenantlawfirms.com/%5Behub-full-url%5Dresources/%5Behub-terms-path%5D/california-rules-terminating-a-tenancy-nonpayment-rent.ht
that the following must be included:
The three-day notice in California must be in writing and must include all of the following information:
You or another person you authorize (such as a manager) must sign the notice (the date is not legally required, but it’s a good idea to provide it).
This is what concerns me about providing "notice to leave for nonpayment of rent" -- there is no amount past due, etc because we didn't have an agreement of paying rent. He moved in because we were boyfriend/girlfriend. We have since broken up so I want him to move out.
Thank you very much.
I am sorry, I thought he was supposed to be sharing rent with you. If he was not supposed to be doing so, then you would have to give a 30 day notice, which would not have to include any reason and just a notice that he is a month to month tenant and you have decided to terminate the tenancy for no cause. As a month to month tenant he is not entitled to any cause when you notify him of eviction, but you need to give a 30 day notice in this case.
Does the 30 day notice need to be formal through certified mail or through a process server or can I personally hand the notice to him? Thank you!
It needs to be in writing, but you can personally serve him by certified mail so that you have a record of serving him the notice.
Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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