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I rented a room in my house and the person has not paid rent…

Customer Question
Hi ! I rented...

Hi ! I rented a room in my house and the person has not paid rent for this month

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

I’m in California

Lawyer's Assistant: Has anything been filed or reported?

No not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I sub leased to her and her boyfriend but her boyfriend rent is not due until December 6 we do not have anything in writing just through text messages are those valid

Submitted: 6 months ago.Category: Legal
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Answered in 2 minutes by:
11/26/2017
Lawyer: Loren, Attorney replied 6 months ago
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,326
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

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The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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Lawyer: Loren, Attorney replied 6 months ago

What is your specific legal question?

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Customer reply replied 6 months ago
What are the steps to take if I rented a room to a couple and one owes rent and the other rent is not due yet but I do not want to continue renting to either party
Lawyer: Loren, Attorney replied 6 months ago

Thank you for the clarification.

Without a written agreement, the tenancy is month to month. That means that the tenancy may be terminated on 30 days notice (60 days if they have been there more than a year).

With regard to the unpaid rent, you can give that tenant a 3 day notice to pay or quit. If they pay within the 3 days then their tenancy continues and you would need to give the 30 day notice to end the month to month tenancy.

If the tenant do not leave at the end of the notice period then you

If they do not leave you need to file an unlawful detainer lawsuit. To start that, the landlord must file a summons and complaint with the superior court of the county or district in which the rental property is located. The court will set a date for a hearing before a judge, and the tenant will be notified of the upcoming lawsuit. If the landlord is successful at the hearing, the judge will give the landlord a writ of possession. This writ of possession gives the sheriff the authority to evict the tenant. The landlord must use the sheriff to evict the tenant.

The clerk of the court will have the forms to get started. You can also hire an attorney to take care of it for you.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

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Customer reply replied 6 months ago
Hi you there ?
Lawyer: Loren, Attorney replied 6 months ago

Yes. Can you see my answer?

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Lawyer: Loren, Attorney replied 6 months ago

Here is what I posted, just in case:

Thank you for the clarification.

Without a written agreement, the tenancy is month to month. That means that the tenancy may be terminated on 30 days notice (60 days if they have been there more than a year).

With regard to the unpaid rent, you can give that tenant a 3 day notice to pay or quit. If they pay within the 3 days then their tenancy continues and you would need to give the 30 day notice to end the month to month tenancy.

If the tenant do not leave at the end of the notice period then you

If they do not leave you need to file an unlawful detainer lawsuit. To start that, the landlord must file a summons and complaint with the superior court of the county or district in which the rental property is located. The court will set a date for a hearing before a judge, and the tenant will be notified of the upcoming lawsuit. If the landlord is successful at the hearing, the judge will give the landlord a writ of possession. This writ of possession gives the sheriff the authority to evict the tenant. The landlord must use the sheriff to evict the tenant.

The clerk of the court will have the forms to get started. You can also hire an attorney to take care of it for you.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

26 Nov 2017,

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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).

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