I have a friend staying in my home in California. We have no contract or lease and he did not put down a deposit.
He was supposed to pay me monthly to stay there but has not paid in the last 3 months and the months before then were never the full amount or in regular intervals. I have requested that he pay or move out if he is unable to pay for the past 3 months, and he told me that he would be out by October 15th.
Here it is nearly November and he refuses to pay still and he refuses to leave. What can I do?
2007-10-30 00:23:11 · 8 answers · asked by crimsonreign96_2 2 in Business & Finance ➔ Renting & Real Estate
Has all this been done in writing or has this all been done verbally? If it's been all verbal then you need to send him a letter Certified Mail Return receipt requested and explain to him that he either needs to pay the rent owed (give him a total and break it down for each month he owes (plus late fees) give him 10 days to cure or vacate the premises. Explain in the letter that If you have not received monies owed or he has failed to vacate the home by the date you specify (usually it's 10 days from receipt of the letter, you must allow for Holidays) that you will be filing eviction procedures the following day. That's why you send Certified Mail RRR so you get a receipt of when he received it, however, most tenants will refuse to pick up a certified letter, claim they never received it and the letter gets returned to you, In this case I would not only send Certified Mail but I would hand deliver and have him sign a receipt that he got the letter, IF ALL ELSE FAILS, and you've documented your attempts to notice him, have the letter delivered by a process server.
I suggest that you contact an attorney to make sure that this is done legally and correctly so that you don't experience any repercussions from your friend. If you cannot afford an attorney then go to your local court house and ask the clerk of courts how to go about filing for eviction. Once the paperwork has been filled out then your Tenant will receive a summons to appear in court, hopefully it won't go to court and once he see's you are serious he'll just move out. Once you've been given the right to evict he will be served with a summons to vacate within 24 hours, if the Sheriff shows up 24 hours later and he is still there then they have the Locksmith rekey the locks and he is removed from the premises any of his personal items that he failed to remove prior to eviction now become your property and you can do what you want with them.
ADDITIONAL INFO: Do not turn off utilities even if they are in your name, if this goes to court it will not look good for you that you did this, even if he's a deadbeat tenant you cannot be a deadbeat Landlord, you have to show you made every effort to work with him in order for the judge to make a favorable decision in your favor.
2007-10-30 02:58:40 · answer #1 · answered by Weimaraner Mom 7 · 1⤊ 0⤋
I believe the other answers that indicate you will have to evict are true. California's laws are skewed towards the tenant, so it might take some time. First, send him a registered letter stating that you had an implied contract with $x per month being the rent. Give him a date to get caught up or just give him a date to get out. No contract means no lease, means a month to month agreement.
If/when it doesn't happen, file eviction proceedings immediately. Get him out ASAP!
You have learned three valuable lessons. No renters without some form of contract. The contract protects both of you. Always get a deposit. Don't do business with friends.
You are almost certain to lose this persons friendship. It probably isn't a great loss as he treated this particular friend (you) really poorly by not paying, etc.
Good luck - you are probably going to need it!
2007-10-30 01:26:03 · answer #2 · answered by Rush is a band 7 · 1⤊ 0⤋
Tenant With No Contract
2017-01-11 03:22:38 · answer #3 · answered by flintroy 4 · 0⤊ 0⤋
Send him something in writing registered mail preferably. In which you state when they moved in, your agreement and any payment history and what you require now( that you asked them to pay by the 15th or vacate). By sending it in a registered letter you will be able to prove that you sent them something, although not necessary, it does make a case stronger if it is required to go to court.
Despite there not being a formal contract most judges would agree that one was implied. If your tenant still does not leave, take them to small claims court to hold them accountable. You can also get free basic legal advice from legal clinics or law school students.
I hope that helps, Ame
2007-10-30 00:41:03 · answer #4 · answered by Ame 2 · 0⤊ 0⤋
You should probably see a lawyer. However, he may be viewed as not a tenant, since you have no agreement. he is simply a friend how made some promises that he is not keeping.
You can hire a locksmith to change the locks on the place while your friend is absent. However, check on the legality of this because in effect you are taking possession of some of his property. You may be able to demand past due rent in exchange for letting him have access to move his stuff out.
2007-10-30 00:36:57 · answer #5 · answered by Anonymous · 0⤊ 1⤋
first things first. If all the utilities are in your name have them turned off ASAP. Go to the court house with a request to serve him with an eviction notice for non-payment of rent. yes you did have a contract even though verbal.It still applies.
2007-10-30 01:03:23 · answer #6 · answered by good_fatrabbit 3 · 0⤊ 1⤋
You will need to contact the city the property is in and file an eviction notice to be served by the local sheriff.
2007-10-30 00:32:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I'd change the locks.You have no contract in place and it is your house...he has no rights....leave his stuff outside or in a garage....its your house....
don't get yourself into:
1.letting with no contract
2.doing business with friends
2007-10-30 00:54:02 · answer #8 · answered by Anonymous · 1⤊ 1⤋