Legal Question in Landlord & Tenant Law in California

Evicting a Room tenant

I have a tenant thats renting out one of the rooms, my property is a residential property and not an investment property, there is no paper contract at all just verbal, he is now behind on rent for 2 months,

how can I go about in evicting him or the process I need to do to evict him? He is now saying that he will file a lawsuit beacause he said he slid in the bathroom and hurt is back...


Asked on 7/10/08, 12:05 am

2 Answers from Attorneys

Larry Rothman Larry Rothman & Associates

Re: Evicting a Room tenant

You should serve a 3 day notice to pay rent or quit. If he sues you for his alleged slip and fall, you can tender the defense to your insurance company. Please contact us if you have any questions. We can help you in the eviction process.

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Answered on 7/10/08, 11:26 am
Robert L. Bennett Law offices of Robert L. Bennett

Re: Evicting a Room tenant

Mr. Rothman's answer is correct but does not go far enough.

After the 3 day notice is served, you must follow with an unlawful detainer.

As to a threat regarding a slip and fall, you should mention this to your insurance agent, and get a written statement from the agent concerning the gentlemen indicating he will sue. There is the possibility that this is covered by the extortion statutes, and that this would be considered a crime.

If you need more, feel free to e-mail my office.

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Answered on 7/11/08, 12:36 am


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