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Boyfriend of 7 years asked him to leave Jan 20 .2018 mother…

Customer Question
Boyfriend of 7 years...

Boyfriend of 7 years asked him to leave Jan 20 .2018 mother owns home rent he was paying 600 month has not paid feb and March also have attached rental need them out by May 1st served 3 day but mother spoke to them they paid and said would be out please help what do we do

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California Santa Rosa she could evict all of us if necsesary

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No ended my relationship with boyfriend and the others said they would be out but who knows

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

I’m not sure he has been sick and have mutual friends that are not helping me are probably telling him if I rush him law is on his side

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 9 minutes by:
3/21/2018
Real Estate Lawyer: Bill Attorney, Lawyer replied 4 months ago
Bill Attorney
Category: Real Estate Law
Satisfied Customers: 2,622
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your landlord-tenant question this evening. I'm attorney Bill assisting you with your request. If your mother accepted the late rental check the tenancy has been revived and can only be terminated according to the lease or by giving the appropriate legal notice period to vacate.

Because your boyfriend has been there for over one year you would need to serve him with notice to vacate terminating the tenancy giving him 60 days notice to vacate.

This is the law:

"

) Notwithstanding Section 1946 , a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945 , at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section.

(b) An owner of a residential dwelling giving notice pursuant to this section shall give notice at least 60 days prior to the proposed date of termination.  A tenant giving notice pursuant to this section shall give notice for a period at least as long as the term of the periodic tenancy prior to the proposed date of termination.

(c) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year.

(d) Notwithstanding subdivision (b), an owner of a residential dwelling giving notice pursuant to this section shall give notice at least 30 days prior to the proposed date of termination if all of the following apply:

(1) The dwelling or unit is alienable separate from the title to any other dwelling unit.

(2) The owner has contracted to sell the dwelling or unit to a bona fide purchaser for value, and has established an escrow with a title insurer or an underwritten title company, as defined in Sections 12340.4 and 12340.5 of the Insurance Code, respectively, a licensed escrow agent, as defined in Sections 17004 and 17200 of the Financial Code , or a licensed real estate broker, as defined in Section 10131 of the Business and Professions Code ."

The above rule is for periodic tenancies/ month to month tenancies.

In case of an agreed notice period longer than this in a lease you would need to abide by that.

Should your boyfriend fail to pay rent he can be served with the three day notice once again and evicted by filing unlawful detainer proceedings in the Superior Ct.

We are here to help so please follow up with me as required.

In return your positive rating is what gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

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Customer reply replied 4 months ago
Not satisfied he normally pays 600 a month and refused to pay his part rent for feb and now for March
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,566
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello, different expert here.. If he was supposed to be paying rent and he has failed to do so, then you can give him a written 3 day notice to pay rent or vacate. You would want to put the entire amount of rent due on the notice, but not any late fees if applicable.. So if he owes for 2 months, put both months on the notice.

.

Then if he doesn't pay everything due within the 3 days after you give him the notice, on the 5th day after you give him the notice (keep a copy) you can file a formal eviction case in the local Superior Court to get a judgment and a writ that the sheriff will execute to force him to leave..

.

But if he has paid everything that was due on the rent, then you would have to give him a 30 day or a 60 day, depending on whether he has lived there under a year or over a year, and then file to evict through the courts if he doesn't leave.

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 3 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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