Legal Question in Landlord & Tenant Law in California
The Sky is falling!
Hi,
I am a new landlord, I inherited this nightmare from my father who passed 2 years ago. I have a 55 year old female tenant with an 18 year old daughter and 1 German Shepherd, 1 cat, 2 birds and a 50 gal fish tank. No Rental agreement, nothing but a verbal between my deceased father and the tenant. I personally know of a few of the agreed rules between them. 1, she was only aloud to have a dog, 2, she was to keep current up to date renters insurance to cover the fish tank. I have no copy of the insurance, and she now has a cat and 2 birds without permission. She is in a 3 bedroom, 2 full bath, garage, balcony, security gates which my father was renting to her for $725.00 per month. I raised her rent $100.00 6 months ago and again this month trying to bring it up to fair market value. When I did she called police and made wild accusations that I threatened her life with terrorist threats! she hasen't paid her rent for august, i gave her a 3 day, august 14 2005 she is still here can i lock her out of the garage or not?
2 Answers from Attorneys
Re: The Sky is falling!
You will need to file an Unlawful Detainer action to have her evicted. Because the "contract" is oral and this is for land, she will be presumed to be on a month to month lease.
Additionally, if you, as landlord, request another copy of her insurance policy naming you as an additional insured, then she must provide it. If not, she is in breach and can be evicted.
You have rights, you have recourse, how to proceed is your option.
Please feel free to contact our office for a free consultation at 626-578-0708.
Scott
Re: The Sky is falling!
No, you cannot exercise "self help" to evict a nonpayhing tenant unless the tenant as a border in your home. You can't turn off the utilities, you can't lock her out of the garage and you can't really do much else without taking her to court. You should hire a local eviction attorney and file an unlawful detainer lawsuit. Most evictions attorneys can handle a case like this very cheaply. In fact, the attorney's fees and court costs might not even add up to one month's rent. I would all the lawyer referral service for the L.A. County Bar Association for a referral.
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