Law-Forums.org

[michelangelo]

So my dad owns a big house where he, and my mom live. He has a bunch of extra rooms, and he rents them out to people WITH OUT A CONTRACT.

Basically, they just got new tenants about a month ago. They are a very young couple. They missed rent last month, but they promised to pay in a couple of weeks. A few weeks pass, and they still dont have rent.

As of right now, my dad is angry and wants to kick them out ASAP. Can he just kick them out on the spot, or does he need a 30-day-notice? Remember, there are no contracts.

Also, we live in California. Not sure if there are different laws in different states.

Any advice helps, and I will pick the best answer.

Thanks!

[menw]

Yes, he can kick them out, they are basically room-mates. He can call an officer over and have them leave with their things on the spot. OR he can give them something in writing saying they have until _________ to pay _____________ or will need to be moved by __________________.

[claudius]

There are never any CONTRACTS in renting. There will be leases or rental agreements or nothing at all. The laws still apply in all cases. Your parents should not have started renting out anything until they learned the local laws regarding rening. Tell your parents to educate themselves. They will then know what to do.

[smid]

Without a written contract they are considered month to month renters and the landlord can increase the rent or ask the tenants to leave but must give them 30 days written notice. Since they have not paid their current rent, he can "ask" them to leave right away(30 day notice not required), if they move there is no problem. If they refuse to move he will have to give them a 3 day notice to quit and then proceed with the court filing for eviction. If he accepts any payment of rent after the notice to leave is given the process and timing must start all over again. There are rental services/property management companies that can assist him for a small fee. Good Luck

[denzell]

Your dad should hire a lawyer. You will not find adequate advice on this site. You are omitting several relevant facts that need to be relayed to a lawyer, who can apply CA state law to your father's situation.

How long have they lived there? How long did your father tell them they could stay? What terms did they agree to when they moved in?

Not all contracts are in writing.

Don't count on a quick and easy solution, it likely does not exist.

[hagaleah]

He has to give them a 3 day pay or quit notice, and then file for an unlawful detainer at the court house.

[naseem]

Legally he has to give a 3 day notice but in the meantime, I would make life miserable for them without breaking the law. Such as turning up the tv really loud wake em up early or keep them up late!!

[marmion]

Bill is correct - without a written lease agreement, all renters are considered to be month-to-month renters, and you must give 30 days notice. I've been in a situation where a tenant moved out one of my rental properties but his girlfriend and her kids continued living there - although I had no rental agreement with her, I had to go through the whole legal process to evict. Please make sure your father follows the correct process - if he does it incorrectly, the tenants can legally stretch out the process and continue living there during the interim. It may be easier to hire someone to see through the whole process - or he might at least use a process server to give notice. It'll cost a little bit, but may save him continued aggravation if the tenants know how to work the system to their advantage. Hope that helps.

[gwynethpaltrow8]

Bill is correct - without a written lease agreement, all renters are considered to be month-to-month renters, and you must give 30 days notice. I've been in a situation where a tenant moved out one of my rental properties but his girlfriend and her kids continued living there - although I had no rental agreement with her, I had to go through the whole legal process to evict. Please make sure your father follows the correct process - if he does it incorrectly, the tenants can legally stretch out the process and continue living there during the interim. It may be easier to hire someone to see through the whole process - or he might at least use a process server to give notice. It'll cost a little bit, but may save him continued aggravation if the tenants know how to work the system to their advantage. Hope that helps.

He can evict them for non payment now or he can serve 30 day notice. Lack of contract doesn't mean he doesn't have to give notice.