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    johnniegirl's Avatar
    johnniegirl Posts: 1, Reputation: 1
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    #1

    Jan 23, 2009, 07:57 AM
    Eviction without a lease and non payment
    h

    Hello and thanks,

    I own a house with a back outs in Van Nuys California. My question is I have a friend that turned out not to be a good friend living in my back house and has not paid rent at all I have told him several times he has to go but he refuses to leave, He has cluttered my property with broken down vehicles and various junk.

    Because he was a friend I did not get him to sign a rental agreement or a lease what can I do at this point.

    I have done some research and have found out that I can serve him with a 3 day and if he still refuses then I can do an unlawful detainer is this correct and if so how do I go about it.

    Or should I hire a property management company to handle this matter

    Im new at this because My father died in 2007 and left me my childhood home so I have never had to deal with this matter I would appreciate any help you might have to offer

    Thank You
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Jan 23, 2009, 08:02 AM

    If you have an agreement, even verbal, that your "friend" was supposed to pay rent, then you can serve a 3 day pay or vacate notice. If he does neither then you go the next step to request a court order for eviction (the unlawful detainer). Now, here is where it gets tricky. Since there is no written agreement, nor any proof that he ever paid rent, you might have a problem. But in that case, he's a guest and you can tell him to get out. The real problem there is you would have to give him a 30 day notice.

    Another issue is, if you give a 3 day pay or vacate, and he pays up, you have to start the eviction process again with a termination of tenancy. This means a 30 day notice to vacate. And after the 30 days, you go to court again.

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