eviction...

[ahhhyeaaa]

Hi,
I own a condo,
I have rented out the other room in my condo. It is a verbal month to month tenancy.
Is it considered a rental property because I'm renting out that room?

I have gave them a 30 day notice. I plan on renovating the condo. They have informed me that they do not plan on moving out at the end of 30 days. I have all of this in writing.

All the utilities are in my name, what can I do to evict them as fast as possible after the 30 days are up and they still have not moved.

Thanks
oh and the state is ca

 

[mike]

Hi,
I own a condo,
I have rented out the other room in my condo. It is a verbal month to month tenancy.
Is it considered a rental property because I'm renting out that room?

I have gave them a 30 day notice. I plan on renovating the condo. They have informed me that they do not plan on moving out at the end of 30 days. I have all of this in writing.

All the utilities are in my name, what can I do to evict them as fast as possible after the 30 days are up and they still have not moved.

Thanks
oh and the state is ca

You should send them a written notice, certified return receipt to make sure as well. Then, depending upon the state, there is usally a notice required (3 day notice or something of the sort) that they are holding over. They have no right to stay. If they stay then you should begin eviction proceedings. Unfortunately this doesn't happen very quickly and I would NOT change the locks on the apartment, even though you live there, prior to making sure that you follow all the procedures. This will depend upon the state you are in.

 

[mike]

I found some steps to take on a california government web site:

Information About Residential Eviction (Unlawful Detainer)

Information for Landlords

Unlawful detainer proceedings
Landlords must follow all of California's state laws and any applicable local laws. They must take certain steps to evict a tenant.

A fast way to do this is to have an unlawful detainer proceeding. It can get a landlord the property back if a tenant is staying there against the law.

To start an unlawful detainer action:

You file a complaint;
The court issues a summons; and
The defendant is served with the complaint and summons.
Note: You can't use an unlawful detainer proceeding for complicated issues about ownership or fraud.

3-day and 30-day notices
In general, a landlord will serve a tenant with a 3-day or 30-day notice before filing a complaint in court.

There are 3 kinds of 3-day notices:

Notice to quit ("leave")-used when a tenant breaks an agreement in the lease and can't fix the problem.
Notice to perform covenant or quit-used when a tenant breaks an agreement that doesn't have to do with paying rent. For example, they sublet the apartment when the lease says they can't.
Notice to pay rent or quit-the most common notice.
If the tenant does what the notice asks for no more than 3 days after being served, there is no eviction and the lease stays in effect.

When a tenant doesn't have a set lease limit, you can use a 30-day notice to quit if the tenant has lived in the unit for less than a year. You can use a 60-day notice to quit if the tenant has lived in the unit for more than a year. You can do this, for example, for a month-to-month tenant. At the beginning of the lease, you can agree not to give 30 days' notice. But you have to give at least 7 days' notice.

You don't have to give any notice when a set lease runs out.

You don't have to give any notice to people who live on the property as part of their job, if their job ends. For example, an apartment manager.

File a complaint
File a complaint with the court where your property is located to start the eviction process.

Use Complaint-Unlawful Detainer (form 982.1(90)).

You'll have to pay a filing fee.

Get and serve the summons
Get a Summons-Unlawful Detainer (form SUM-130) from your local court.

Someone over age 18-not you-must serve the tenant with the summons and complaint and complete the proof of service on the back of the summons.