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Old 11-06-2012, 02:42 PM
 
1 posts, read 9,784 times
Reputation: 13
Default Evicting a tenant without a lease in CA

I live in Riverside, California.
I rented out a whole house to a couple, but did not sign a lease. I read on the forums, that if there is no signed lease, collection goes by a month-to-month basis without contract. They paid the first 3 months, but the last 4 months they stopped paying. I hired an eviction lawyer last month to evict the tenants with a 30-day notice, but my lawyer said that they've contested my eviction, saying they already moved out mid last month on the Oct. 19th. However, I heard that my tenant was renting MY house to someone else, and that person may still be in there. I have not gone out to visit the house, and I do not know if there is still anyone there.
My question is:
Since they've stated that they've moved out on the 19th, can I just go ahead and enter the house and change the locks? What if there are people living in there that I was not renting to and not collecting any rent from?
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Old 11-06-2012, 03:13 PM
 
818 posts, read 1,558,303 times
Reputation: 1486
Quote:
Originally Posted by themare View Post
I live in Riverside, California.
I rented out a whole house to a couple, but did not sign a lease. I read on the forums, that if there is no signed lease, collection goes by a month-to-month basis without contract. They paid the first 3 months, but the last 4 months they stopped paying. I hired an eviction lawyer last month to evict the tenants with a 30-day notice, but my lawyer said that they've contested my eviction, saying they already moved out mid last month on the Oct. 19th. However, I heard that my tenant was renting MY house to someone else, and that person may still be in there. I have not gone out to visit the house, and I do not know if there is still anyone there.
My question is:
Since they've stated that they've moved out on the 19th, can I just go ahead and enter the house and change the locks? What if there are people living in there that I was not renting to and not collecting any rent from?
wow.. this sounds like a cluster-F.

Why are you asking here? It seems like your lawyer would be the best bet to figuring this out.
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Old 11-07-2012, 01:03 PM
 
7,894 posts, read 5,826,053 times
Reputation: 10871
If they gave the house to someone else, they have not returned the house to you and they are responsible until they return the house to you. You evict, naming the tenants, the newcomers by name if you know their names. If you don't know their names, the eviction is for the tenant and and all others.

What the heck is wrong with your lawyer? I'm not even in California, I'm not a lawyer, and I know more about eviction law than he does. Either he didn't explain it well to you or else you need a different lawyer.
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Old 02-03-2013, 11:40 AM
 
1 posts, read 9,376 times
Reputation: 11
My Daughter In-law has rented a house out month to month with no lease. Now the person she rented to has 3 other families living there with two big dogs which she went to let them know the dogs had to go.
It came to them yelling and cussing at us and saying there was no heat mildew going on what could have been taken care of but all of a sudden because of the dogs this has become an issue. At first one guy said they would be out in 3 days but now it is 30 days and not going to pay rent.
I need to know what my daughter in-law can do to protect herself with what has happen... Any advice would be greatly appreciated...
Sincerely
CJ

Last edited by CJSTELLA; 02-03-2013 at 12:47 PM..
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Old 02-03-2013, 02:51 PM
 
5,111 posts, read 4,949,287 times
Reputation: 5119
Quote:
Originally Posted by CJSTELLA View Post
My Daughter In-law has rented a house out month to month with no lease. Now the person she rented to has 3 other families living there with two big dogs which she went to let them know the dogs had to go.
It came to them yelling and cussing at us and saying there was no heat mildew going on what could have been taken care of but all of a sudden because of the dogs this has become an issue. At first one guy said they would be out in 3 days but now it is 30 days and not going to pay rent.
I need to know what my daughter in-law can do to protect herself with what has happen... Any advice would be greatly appreciated...
Sincerely
CJ
several choices. She should get a lawyer and discuss whether to go forward with eviction now or give official written 30 day notice to them to move out, even then begin eviction in 30 days if they dont move

Did they pay rent for Feb 1? If not, then begin eviction asap for non-payment of rent, She needs a lawyer for this.

I dont think she has grounds to evict for the dog if she doesn't have written lease than says no dogs.

I dont know if she has grounds to evict for many people living there since no written lease that states that only the people on signed lease can live there and than anyone there longer than 14 days must be on the lease. A lawyer could give advice on whether state law allows her to evict now.

if they are paying rent and you cannot evict for the pets/other people, then ...she will need to give written/certified return receipt mail for official 30 day notice for them to move. Even though she verbally told them to move, I am not sure if this will hold in court for eviction. check state law and see if written notice is required, which is most likely. You cannot just go over there and talk to them and tell them to move...it's not an official notice so it doesn't count.

If they don't move out after the 30 day deadline, then she files eviction for them overstaying past the 30 days. She should NOT give reason for moving on the written 30 day notice...none is required. expect that they will not move on day 30 and begin eviction proceedings quickly. A lawyer will also advise her on how to get rid of the other family members in case they stay and the original renters leave. this could become a mess with additional people needing to be evicted. A lawyer is really needed.

If they stop paying rent BEFORE the 30 day period ends, then begin eviction as soon as rent is late beyond the state imposed grace period. Get an attorney for the eviction else these tenants will get several more free months of living there. They know the system and your daughter doesn't. They will milk her for every free week/free month they can get away with. They know all the stall tactics. A lawyer will get rid of these people as soon as legally possible.
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Old 02-03-2013, 05:06 PM
 
15,417 posts, read 20,057,890 times
Reputation: 6475
If the OP tenants moed out and otter people are living there now than they are squaters and other lauws apply.
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Old 02-04-2013, 02:10 PM
 
Location: Berkeley in Denver, CO USA
6,663 posts, read 5,259,763 times
Reputation: 6596
Default What the otters may look like

Quote:
Originally Posted by bentlebee View Post
otter
You just can't trust otters.
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Old 03-20-2013, 01:58 AM
 
1 posts, read 8,976 times
Reputation: 10
Hello I move in to a place on December 1st in california, I asked for a lease and the roommate with whom I talked about renting told me the landlord was out of town, I moved in and pay a deposit and asked him and another roommate again about the lease and they told me they will talk with the landlord. It's been almost 4 months and I haven't heard anything about the deposit, also this will be my last month ( I already gave my 30 day notice) due to a conflict with the guys ( I complained about their cleanliness and told them don't use my things if they couldn't clean them and they told me that everyone will use their own stuff and put a lock in the fridge and washer and drier ) they didn't kick me out but recommended me to leave and since I didn't want more problems I am moving out. So this last payment of month since the situation with them is bas I decided to pay half of my rent and tell them to use the other half of my deposit notifying this orally to one of the roommates who rented me the room. So 2 days ago I received an email from the third roommate (That I met when I was about 2 weeks already living then) who apparently is the one in charge to subrent the room I am living in, under the permission of the owner, saying me that he did not approved what I did about my last rent payment and I didn't notified it to him before and that in 48 hours I have to pay the rest of my rent of this month and that when we leave and after any deductions have been done from any damage in my deposit, he will send me my deposit within 21 days. My question is, if I never had a lease even if asked for it several times and he never told me anything about my deposit in any oral or writing lease does he has the right to make me pay in 48 hours or even send me this king of email intimidating me?What should I do?
Thank you so much!
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Old 03-20-2013, 03:17 AM
 
1,092 posts, read 1,155,646 times
Reputation: 1060
Quote:
Originally Posted by canasta View Post
Hello I move in to a place on December 1st in california, I asked for a lease and the roommate with whom I talked about renting told me the landlord was out of town, I moved in and pay a deposit and asked him and another roommate again about the lease and they told me they will talk with the landlord. It's been almost 4 months and I haven't heard anything about the deposit, also this will be my last month ( I already gave my 30 day notice) due to a conflict with the guys ( I complained about their cleanliness and told them don't use my things if they couldn't clean them and they told me that everyone will use their own stuff and put a lock in the fridge and washer and drier ) they didn't kick me out but recommended me to leave and since I didn't want more problems I am moving out. So this last payment of month since the situation with them is bas I decided to pay half of my rent and tell them to use the other half of my deposit notifying this orally to one of the roommates who rented me the room. So 2 days ago I received an email from the third roommate (That I met when I was about 2 weeks already living then) who apparently is the one in charge to subrent the room I am living in, under the permission of the owner, saying me that he did not approved what I did about my last rent payment and I didn't notified it to him before and that in 48 hours I have to pay the rest of my rent of this month and that when we leave and after any deductions have been done from any damage in my deposit, he will send me my deposit within 21 days. My question is, if I never had a lease even if asked for it several times and he never told me anything about my deposit in any oral or writing lease does he has the right to make me pay in 48 hours or even send me this king of email intimidating me?What should I do?
Thank you so much!
CA tenancy law requires you to pay the agreed upon rent, and you aren't allowed to force them to use the deposit instead. So, as far I can tell your roommate is correct, and you are wrong.
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Old 03-20-2013, 10:33 AM
 
7,894 posts, read 5,826,053 times
Reputation: 10871
Well, since you never had any dealings at all with the landlord, I suspect you are on your own with whatever arrangement you can work out with your roommates.
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