What would be the best possible approach?

[ewick]

I rented one of the rooms out in my home and now want to evict her. What would be the best approach? The girl is not responsible and she is dirty. She never wants to wash her own dishes and leaves her shoes in the living room after I repeatedly have told her not to. She sometimes is a day late on her rent. And most of all I hate when she lies to my face:thumbdown:. They are not big lies but a lie is a lie.

So my question is: Should I give her a verbal eviction notice or a written one. If I give her a written notice should I ask her to sign it in agreement? What if she refuses to leave? what course of action can I take from there? any input or opinions is highly appreciated.

 

[kathyt]

I have a rental property, it is a townhouse though, but I just recently had to go through this process. The laws very from state to state. Do you guys have a lease? Let's start there.

 

[MLeeK]

Rentals are a NIGHTMARE. BIG NIGHTMARE. You need to talk with someone who knows rental law in California.
I'd say no matter what state you are in your first step is to verbally notify her and at the same time mail her a notice with a delivery receipt formally giving her 30 days to vacate.

Honestly-these things sound pretty minimal for a room mate issue. You probably should think real hard about renting a room out again. It's NOT easy to have any room mate-even the best ones.

 

[Overread16 4]

Any eviction notice must come in writing - verbal contracts, whilst binding, are almost impossible to prove in courts and at a practical level can be very hard to maintain. A formal written notice and contract is something that can be signed, provided and proves the agreement between parties (typically you have 3 copies - one for yourself, one for them and one for the lawyer to keep hold of for records).


Personally I would consider approaching the person with a formal written complaint first. Make it very clear that their behaviour is not acceptable and that they must seek to correct this otherwise it might incur additional costs or eviction process.

At present it honestly does not sound too bad - a few dirty dishes and shoes in the living room isn't too bad on the great scale of things and might be a bit minor to start pushing for eviction over. The day late rent is an annoyance, but a day late isn't too bad - speak to her though, might be she gets paid on that day and is otherwise unable to pay you rent on the agreed day.

If you want to push for eviction go to a lawyer and get proper legal advice on the situation before approaching your tenant. Last thing you would want to do is make the wrong move and end up empowering them to stay through your incorrect actions (sometimes there are a nightmare number of protective loopholes that can be abused by tenants).

 

[ewick]

I have a rental property, it is a townhouse though, but I just recently had to go through this process. The laws very from state to state. Do you guys have a lease? Let's start there.

My fiance and I are on the lease. We informed the landlord we would be renting a room out the girl we rented the room to had to fill out an application but she is not part of the lease.

 

[ewick]

Overead:

Thats the thing, I have already brought it to her attention and she just shakes her head and makes an excuse and tells me she is going to "fix" it but honestly she is just annoying all around. i tried to look past that but I do believe its to a point where it would just be better if we ask her to vacate.

 

[480sparky40 40]

My fiance and I are on the lease. We informed the landlord we would be renting a room out the girl we rented the room to had to fill out an application but she is not part of the lease.

Maybe you'll get lucky and your lease does not allow subleasing.

 

[kathyt]

Overead:

Thats the thing, I have already brought it to her attention and she just shakes her head and makes an excuse and tells me she is going to "fix" it but honestly she is just annoying all around. i tried to look past that but I do believe its to a point where it would just be better if we ask her to vacate.

Since she is not on the lease, maybe you could kindly ask her to move out.

 

[Overread16 4]

Hmmm the fact that you are sub-letting might complicate matters. If your landlord has experience in the market or operates through an agency (or runs their own) you might well get good (free) advice from them as how best to proceed. I assume that your tenant has a direct contract with yourselves and not with the landlord? If they hold any contract with the landlord himself then it might have to be him who makes the final eviction notice.

 

[Overread16 4]

My fiance and I are on the lease. We informed the landlord we would be renting a room out the girl we rented the room to had to fill out an application but she is not part of the lease.

Maybe you'll get lucky and your lease does not allow subleasing.

Not too lucky if the landlord finds out

But it seems that the sub-tenant already had to fill in a form with the overall landlord so they are aware of the situation.

 

[fjrabon]

Jesus, you're in California? How long has she been living there? If more than just a couple months, it could very well be easier for you to move than evict her on these grounds. Especially if you don't have a contract for the lease terms, then she could be in a defacto lessee option month to month, meaning she can live there under the verbal terms as long as she wants.

Unless specified, nothing you've stated are grounds for eviction.

California is the most pro tenant state in the country. It's nearly impossible to evict people, even when they are clearly in contravention of the written terms of the lease. And basically any unwritten disputes will go in favor of the tenant. This is part of the reason why rental prices in california are so high, because the extremely pro tenant rights courts are basically 'priced in' to the market. The only way you could evict, based on what you've stated, is if she falls multiple months behind on rent. Even then it could take as long as six months after she's three months behind, or 9 months.

 

[Tony S]

Judge Judy???

 

[ewick]

Jesus, you're in California? How long has she been living there? If more than just a couple months, it could very well be easier for you to move than evict her on these grounds. Especially if you don't have a contract for the lease terms, then she could be in a defacto lessee option month to month, meaning she can live there under the verbal terms as long as she wants.

Unless specified, nothing you've stated are grounds for eviction.

California is the most pro tenant state in the country. It's nearly impossible to evict people, even when they are clearly in contravention of the written terms of the lease. And basically any unwritten disputes will go in favor of the tenant. This is part of the reason why rental prices in california are so high, because the extremely pro tenant rights courts are basically 'priced in' to the market. The only way you could evict, based on what you've stated, is if she falls multiple months behind on rent. Even then it could take as long as six months after she's three months behind, or 9 months.

I know that technically those are not grounds for eviction but why would any one want to live uncomfortable? I am going to give her a written notice and hope she accepts it and moves out. If not then i guess i will seek counsel but I am not 100% sure what type of lawyer to search for. Its a tough life.

 

[kathyt]

Jesus, you're in California? How long has she been living there? If more than just a couple months, it could very well be easier for you to move than evict her on these grounds. Especially if you don't have a contract for the lease terms, then she could be in a defacto lessee option month to month, meaning she can live there under the verbal terms as long as she wants.

Unless specified, nothing you've stated are grounds for eviction.

California is the most pro tenant state in the country. It's nearly impossible to evict people, even when they are clearly in contravention of the written terms of the lease. And basically any unwritten disputes will go in favor of the tenant. This is part of the reason why rental prices in california are so high, because the extremely pro tenant rights courts are basically 'priced in' to the market. The only way you could evict, based on what you've stated, is if she falls multiple months behind on rent. Even then it could take as long as six months after she's three months behind, or 9 months.

I know that technically those are not grounds for eviction but why would any one want to live uncomfortable? I am going to give her a written notice and hope she accepts it and moves out. If not then i guess i will seek counsel but I am not 100% sure what type of lawyer to search for. Its a tough life.

You have no lease with her and she is not on the lease. She has minimal rights. She does have SOME, but not alot and it would cost her too much money to fight it. You need to put it in writing that you would like her out on x date. Be civil and respectful and things will be fine. I hope.

 

[Ballistics]

Jesus, you're in California? How long has she been living there? If more than just a couple months, it could very well be easier for you to move than evict her on these grounds. Especially if you don't have a contract for the lease terms, then she could be in a defacto lessee option month to month, meaning she can live there under the verbal terms as long as she wants.

Unless specified, nothing you've stated are grounds for eviction.

California is the most pro tenant state in the country. It's nearly impossible to evict people, even when they are clearly in contravention of the written terms of the lease. And basically any unwritten disputes will go in favor of the tenant. This is part of the reason why rental prices in california are so high, because the extremely pro tenant rights courts are basically 'priced in' to the market. The only way you could evict, based on what you've stated, is if she falls multiple months behind on rent. Even then it could take as long as six months after she's three months behind, or 9 months.

I know that technically those are not grounds for eviction but why would any one want to live uncomfortable? I am going to give her a written notice and hope she accepts it and moves out. If not then i guess i will seek counsel but I am not 100% sure what type of lawyer to search for. Its a tough life.

You have no lease with her and she is not on the lease. She has minimal rights. She does have SOME, but not alot and it would cost her too much money to fight it. You need to put it in writing that you would like her out on x date. Be civil and respectful and things will be fine. I hope.

You'd be surprised what rights people have.

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