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Ask Barrister Your Own Question
Barrister, Attorney
Category: Legal
Satisfied Customers: 37041
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am a 67yr old woman who rents an apt in san diego. My bbf

Customer Question

I am a 67yr old woman who rents an apt in san diego. My bbf of 33 yeard died suddenly last yr, leaving me with only my ss retirement for income. I allowed a woman i know to rent my extra bedrm. She was in dire straights and i let herove in w\o the benefit of a written agreement. She had no money for a deposit or even the rent at first she does have employment. I have to get her to move b\c she has taken advantage. Can i still evict her? She is not on my lease.
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Yes, you can evict her because she is your tenant and you are her landlord under an oral month to month lease agreement. If she is behind on the rent or deposit, you can give her a 3 day notice to pay or vacate. If you just want to terminate the tenancy, but she isn't late, you can give her a 30 day written notice terminating her tenancy.
Once the notice expired, either 3 or 30, you can file an Unlawful Detainer (eviction) action. The tenant has 5 days to respond or you can file for a default judgment. Once the judgment is final (tenant does not appeal) you can get a writ of possession. On the 6th day after getting the writ of possession delivered, you can have the sheriff supervise the eviction of any tenant and their belongings.