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signed contract vs. verbal contract Roomate

Discussion in 'Other Residential Landlord & Tenant Issues' started by minngurl, Nov 2, 2014.

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  1. minngurl

    minngurl Law Topic Starter New Member

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    We subleased a room out to a male roomate on sept.1 2014. On the 1st of oct he stated he decided he was going to move and pay by the day until he found a new residence. of cours i found that unacceptable. i wrote out an agreement and the issue i have concern with is the fact he agreed if he was not moved by nov 1 a 30day notice and be required and rent for nov would be due and payed for the month of nov. he is refusing to pay the rent. he states he gave a verbal 30 day notice (which is untrue) and legally he could stay until he founda place. and its legal to stay as mqny days as he wishes of that month and he is entiled to pay by the day and pay the monies due when he vacates. Does he legaly have the right to pay by the day and vacate whensoever he pleases. Please help. thank you
     
  2. army judge

    army judge Super Moderator

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    He doesn't have to leave under California law because you want him gone.
    He doesn't have to pay because you demand it.
    You want him out, you evict him.
    Only a judge can order his forced removal.
    In your state evictions take 12-16 weeks, give or take.
    It all starts with you giving him notice to vacate.
    That notice can be 30, sometimes 60 days.
    During that time, even if he refuses to pay, he gets to stay.
    THIS IS WHY NO ONE SHOULD RENT ROOMS.
    To educate yourself about evictions, GOOGLE "YOUR COUNTY, CA eviction process"
    Here's the law in your state.


    http://www.dca.ca.gov/publications/landlordbook/evictions.shtml



    http://www.courts.ca.gov/selfhelp-eviction.htm



    http://www.caltenantlaw.com/Eviction.htm
     
    Last edited: Nov 2, 2014

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