evicting roommate

[allecto]

I have a roommate that refuses to pay rent in a house that I own. Originally he claimed that he would have it on the 15th of the month, and I said that was OK, but all indications showed that he would not be able to come up with the rent. I filed a notice to pay rent or quit, and when he didn't leave I filed an unlawful detainer. Now he is countering the unlawful detainer on the basis of the purely oral agreement that I made. Now we have to take this to court.

I have a couple of questions:
1. Is the oral agreement binding? I have a written agreement from the tenant requiring him to pay rent, and it says nothing about allowing him extra time. In addition, there's a clause as follows:

Time is of the essence. All understandings between the parties are incorporated in the Agreement. Its terms are intended by the parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of the Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed except in writing. The Agreement and any supplement, addendum or modification, including any copy, may be signed in two or more counterparts, all of which shall constitute one and the same writing.

So this means that if he didn't get the extension in writing, it doesn't count, as it was effectively altering the terms of the lease by changing the rental due date.

2. Meanwhile this guy got pissed and now has said that he will never pay the rent and that he will not move out unless I force him to. He's using my furniture, my room, my utilities (which he refuses to pay) and is stealing from myself and my other roommate. In addition, he has shown signs of having a violent temper, and we don't feel comfortable with him in the house. However he has never attacked or directly threatened one of us. He has slammed doors, yelled, but nothing physical. He has martial arts training, which he likes to demonstrate on a regular basis.

Basically I want him out of my house. How do I get rid of this creep?

This is in California

 

[NYClex]

When was that oral agreement made? Before or after the written contract? If it was made before the written contract and it would materially alter the written contract, it cannot be introduced in court because of the so called parol evidence rule. The written contract is binding.

If it was made after the written contract was signed, however, it might be seen as a modification of this contract. There is a requirement in the written contract that all modifications must be in writing, but courts are often ignoring this. They argue that the fact that you made an oral modification, knowing that the original contract forbids that, implies that you wanted that clause that forbids it modified as well.

Getting rid of a tenant can be tough. You might want to have an attorney handle this.