We allowed someone to occupy a room in our house without paying first or making any deposit with a verbal agreement she'll move when we found a long time tenant. She promised to give the first month rent on the 15th of the first month then to pay each month on the 1st until we rent the house. She was on a bind and we allowed it to happen out of the goodness of our heart(we know, it's dumb). She has never paid and when we ask her to leave, she makes all kind of excuses. There is a month to month lease agreement signed after she has moved in. A judge friend said we can just gather her stuff and tell her to get out of the house since the contract all though signed was never valid due to her non performance. We're in California.. What can we do legally?? We're learning the hard way!!

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Originally Posted by ltorresrt

We allowed someone to occupy a room in our house without paying first or making any deposit with a verbal agreement she'll move when we found a long time tenant. She promised to give the first month rent on the 15th of the first month then to pay each month on the 1st until we rent the house. She was on a bind and we allowed it to happen out of the goodness of our heart(we know, it's dumb). She has never paid and when we ask her to leave, she makes all kind of excuses. There is a month to month lease agreement signed after she has moved in. A judge friend said we can just gather her stuff and tell her to get out of the house since the contract all though signed was never valid due to her non performance. We're in California...! What can we do legally??? We're learning the hard way!!!!

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Verbal contracts are legal, but if a judge told you to gather her stuff and get her out, than he knows the law better than any of us.

You will have to give them a official notice to pay or quit, then when they don't move you file in housing court to evict them.

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Originally Posted by ltorresrt

A judge friend said we can just gather her stuff and tell her to get out of the house since the contract all though signed was never valid due to her non performance.

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Hello l:

A JUDGE told you that?? No wonder I got sentenced to 50 years for jaywalking...

The judge is wrong. Don't take my word for it. You can see for yourself. At the top of this forum we have a copy of every state landlord tenant law. Go read it. You'll find that the person you rented to is a tenant. Even though they didn't pay any money, they're a tenant and must be evicted according to your state law.

Now, I'm not a friend of people who don't pay. I think they should be thrown out the very first day their rent is late... However, you aren't interested in MY opinion. You're interested in the LAW.

I make the suggestions that I do, because if you threw this person out, and this person sued you for wrongful eviction, you'd LOSE - and it'll cost you bigtime.

excon

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Originally Posted by tmacsprenger

verbal contracts are legal, but if a judge told you to gather her stuff and get her out, than he knows the law better than any of us.

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Unfortunately, the "straight" forward law isn't quite so...

Legislated Law is modified by Case Law which is interpreted by Judges who have a Lawyer tell them half the story.

I know, I've been through it.

That being said, you have to protect your interests and your family. If the tenant represented any kind of threat (real or imagined), it is highly likely the court would side with you. If someone is not paying rent, it is unlikely they have the resources to hire a lawyer and go through the proceedings. During the process, everything the've done in life can be exposed. Most dead beats aren't wanting that much exposure. "A little light chases away the dark".