Evicting a tenant (Laguna Niguel, Laguna: rent, eviction, month-to-month)

[jeff08208]

Hello,

I am currently residing in Laguna Niguel and was renting out a room temporarily because I was undergoing a remodel to sell the house. I offered the room at a discounted rate with utilities included on a month-to-month basis for a maximum for 5 months. I did not write up an agreement as everything was done verbally and understood that rent was due on the first of each month. The tenant ran into a problem with her wallet being stolen last month and told me that she is trying to organize everything with her bank. I figured I would give her leniency to get everything fixed but that on July 4th I would need both June and July rent. It is now 4 days later and I have still yet to receive any delinquent rent checks and I have confront her about it because we live in the same house. I, therefore, have written up the 3-day notice to pay or quit for her and will begin the eviction process. My question is, based on the legal grounds, am I in the right to begin the eviction process and recover my delinquent rent checks?

Thanks,

[timtemtym]

Has she ever paid any rent or did she move in June and hasn't paid a dime?

[jeff08208]

She paid rent in April and May. In May, she was 14 days late.

[timtemtym]

You are within your rights to serve the 3-day because she has not paid rent. The 3-days begins the day after she is served with the pay or quit. Then you have to file the unlawful detainer and have someone serve her (a process server or certified agent). It's a long and crazy process in California.

Do you want her to pay the rent and back rent or do you want her to leave? It may be better to have a sit down with her and see what the deal is. Whatever you do, make sure you are on your best behavior to not give her any grounds to complain in court. Act like a giant heartless corporation, don't yell or act rude if she really isn't going to pay rent, just let the court action do your talking. You have nothing to gain and lots to lose by retaliating in a juvenile manner here. Don't prank her, don't sabotage her stuff or anything. It's infuriating, but be above reproach here.

You also need to get some stuff i writing if you decide to keep her around. The move out date needs to be specific and signed by her. You cannot do verbal contract in California. Notarize stuff, have a witness, this state is nuts.

[jeff08208]

At this point, I'm ok with just getting back-rent and her leaving (not paying July).

I heard verbal contracts were ok for month-to-month. But I could be wrong.

[HyperionGap]

Originally Posted by jeff08208

At this point, I'm ok with just getting back-rent and her leaving (not paying July).

I heard verbal contracts were ok for month-to-month. But I could be wrong.

Tims question was more of an either or situation. Especially if you want it done with any haste.

[jeff08208]

Alright.

One more question, if she were to just pack up and leave does that necessarily mean I will not be getting the back-rent? Or is that what the unlawful detainer is for so I can proceed to small claims court?