Rental Basics in Long Beach>Question Details

Valerie Coop…, Renter in Long Beach, CA

I live in California. Can i evict someone not on the lease if we have a verbal agreement?

Asked by Valerie Cooper, Long Beach, CA Thu Jul 22, 2010

My friend moved in 6 months ago on a temp basis. Things are not going well and she now has not paid rent for 2 months. I gave her a 30 day notice and she says she will not leave and i cant make her.

Help the community by answering this question:

Answers

9
Kawain Payne’s answer
Sounds like you too may have broken the terms of the lease you have with the landlord. If you allowed someone to move in who I NOT on the lease, you have violated your lease agreement.

If she /he is not on the lease and has no mail coming to the home, meaning they have not established residency then you can ask them to leave.

If they receive even one piece of mail there you will have to go through the eviction process.

Best of luck to you!
Kawain Payne, Realtor
0 votes Thank Flag Link Mon Apr 8, 2013
Evict her. Start the process. If you are not familiar with the eviction process, hire an attorney. The eviction is not immediate so start now. With any luck she may just leave once she knows the unlawful detainer has been filed. Best of luck.
0 votes Thank Flag Link Sat Oct 19, 2013
Consult any attorney. Could you specify if you are the owner or you sub-let.. Thanks.
0 votes Thank Flag Link Tue Nov 30, 2010
you will have to go through the eveiction process... once a 'tenant' 'friend' even an 'adult - family member' has mail at the property, you must follow the formal eviction process... you have an 'assumed' tenancy... start the eviction and lock up your valuables...
0 votes Thank Flag Link Sun Nov 28, 2010
Are you the owner of the property or are you a tenant. In either case, I would suggest you speak with an attorney.
0 votes Thank Flag Link Sat Aug 7, 2010
Whether verbal or written, they haven't paid rent so can be evicted. Call Duringer Law in Orange County. They did one for me. Fast, Inexpensive, and so formal looking it only took one letter. My husband and I did it a few times for rental property eralier, still ended up in court and took longer. Ended up hiring a property manager. It was worth it. (kind of like hiring a good real estate agent, it is worth it). Later, I found this firm. They had a notice on the door within hours. They do it from start to finish, charge you only for the things they do.

Hire them instead of you doing it wrong. Go to work earn your money, bonuses, or contests and pay the professionals. I learned the hard way. You do what you do well, and hire others to do what they do well. Good luck.
Web Reference: http://www.duringerlaw.com/
0 votes Thank Flag Link Sun Aug 1, 2010
Check your lease agreement. Often landlords will write in a rent increase if someone who is not named on the lease moves in for over a said period of time (written in the lease). Landlords will usually state $XX for every day that they are there beyond xx amount of days. I've seen 3 or more weeks which is beyond a typical vacation period. If it is there, show her her option......

I feel for you. Many, many years ago I let a friend stay in a spare room for 3 weeks while her mom was out of state. 5 months later she was still there. I was an owner, not a renter so I didn't have much of an out.....so I helped her find a job and moved her.
Web Reference: http://DebraEnos.com
0 votes Thank Flag Link Fri Jul 30, 2010
Or you might have your landlord evict her, though that may put you at risk, too.

I'm not a lawyer, so this isn't legal advice. However, you say she's not on the lease. Check your lease; there's probably a requirement that anyone over the age of 18 be on the lease, and there's probably also some definition of what constitutes a "guest" versus a "tenant." The problem is that, since your name is on the lease, technically you'd be the one in violation.

I'm not even positive--I'm not a lawyer--that you'd have standing to evict your (former) friend. You're not the owner. And you can't prove (with a signed document) that she's a tenant.

Again, with the disclaimer that I'm not a lawyer, your ex-friend may really fall into the category of a trespasser. She's not on your lease, so she's not a tenant of the landlord. You and she have no document establishing that she's a tenant. She's someone, in other words, who's in the property without the permission or agreement of either you or the owner.

Check with a lawyer to sort things out.

Hope that helps.
0 votes Thank Flag Link Thu Jul 22, 2010
Don Tepper, Real Estate Pro in Burke, VA
MVP'08
Contact
Yes you certainly can make her leave, you will have to evict her in writing, so make sure that 30 days notice is in writing. You may want to google California landlord tenant law to see what their requirements are. Just make sure everything is is writing and you follow the letter of the law regarding foeclosure for your state.

Good luck working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Thu Jul 22, 2010
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer