Friends/Tenants Create Legal Problems

[tazzytess]

My boyfriend is renting a house from his uncle, but his uncle has no idea that he is renting two rooms out to his so-called "friends" to help make the monthly rent payments. There was only a oral agreement to pay rent and split utilities, but they have not been consistent with their payments. They have lived there since November/December 2009.

Just recently, they have decided in order to make more money was to grow marijuana plants to sell. My boyfriend has tried to put a stop to this, but I think they are going ahead with the plan. With this plan possibly becoming a reality, this could jeopardize my boyfriend's rental situation, higher utility bills, plus any visitation time with his daughter could be taken away completely. Now he has decided to evict them, but they won't leave. They have used the excuse that since they are given this situation, they have the right to stay rent free for 3 months, which defeats the whole purpose why they are there in the first place.

What is my boyfriend's legal rights to evict the so-called "friends"?

 

[army judge]

My boyfriend is renting a house from his uncle, but his uncle has no idea that he is renting two rooms out to his so-called "friends" to help make the monthly rent payments. There was only a oral agreement to pay rent and split utilities, but they have not been consistent with their payments. They have lived there since November/December 2009.

Just recently, they have decided in order to make more money was to grow marijuana plants to sell. My boyfriend has tried to put a stop to this, but I think they are going ahead with the plan. With this plan possibly becoming a reality, this could jeopardize my boyfriend's rental situation, higher utility bills, plus any visitation time with his daughter could be taken away completely. Now he has decided to evict them, but they won't leave. They have used the excuse that since they are given this situation, they have the right to stay rent free for 3 months, which defeats the whole purpose why they are there in the first place.

What is my boyfriend's legal rights to evict the so-called "friends"?

Two choices, eviction or arrest.

In fact, if you really want them out FASTER, drop a dime (eat some cheese) to your local police about the dope growing enterprise.

Tell the cops where to look, and who is responsible for the dope.

They'll come, take the dope and the dopers away!

Change the locks, and your problem is gone!

Much easier than a court eviction, cheaper too.

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As there is no written lease, the tenancy is month-to-month. These creatures have lived there for less than a year. You only have to give them a 30 day notice to move out.

If they don't, then you can evict them.


The 3-Day Notice To Pay Rent Or Quit

This notice is used when the tenant has failed to pay the full rent due. All tenants named in the rental agreement must be listed on the notice as well as the names of all other occupants, if known. The complete property address and county must be on the notice including the apartment number of the unit if applicable. The exact amount of rent must be demanded in the notice. This amount CANNOT include any additional charges for late charges, interest or and other penalties. If any charges other than rent are included on the 3-Day Notice to Pay Rent or Quit, California case law holds that the notice is defective and the Landlords case will be dismissed. Be sure to date and sign the notice and fill out a proof of service indicating the date and method of service.
The 30-Day Notice

The 30-day notice can only be used to terminate a month-to-month tenancy of less than one year. It cannot be used to terminate a fixed term lease agreement. Remember that the Landlord must not accept any rent payments to cover any period of time after the expiration of the notice date. If the tenant pays rent to cover a period of time after the expiration of the 30 days, you must return it immediately via certified mail to avoid a waiver of the 30-day notice.

Landlords should not to give any reason at all for the termination other than the fact that the rental agreement permits either party to terminate the tenancy with 30 days' notice. Stating any other reason on the notice only opens the Landlord up to a retaliatory eviction or discrimination defense by the tenant.