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  1. #1
    Join Date
    May 2010
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    4

    Default Roommate Gave Verbal 30 Day Notice

    My question involves a roommate in the State of: California

    In San Diego County - SD CA- Have a renter = 30 day mo to mo verbal agreement - no wrttin agrement - I am the condo owner and live in the residence. Tenant gave me 30 day notice today 02May1- but only 1/2 rent - says she will not pay other 15 days rent. I made a verbal agreement last weej for her to pay 1/2 month this month due to her not having a job (to help) and then if she did not get a job in 30 days, she was to pay me full month rent again and then give me 30 days notice. This person appeared to be friendly but has turned on me due to unknow reasons and appears unstable. I have not cashed 1/2 mo rent check yet. How do evict - or do I need to give her 30 day written notice too at this time-soon as possible? I have a feeling she has done this repeatidly and will not leave in 30 days and force a 3 day notice and eviction process.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,113

    Default Re: Roommate Gave Verbal 30 Day Notice

    If she hasn't paid her rent in full, give her a 3 day notice to pay or leave. If she doesn't pay and doesn't leave, you'll need to initiate formal eviction proceedings.

    Read EVERYTHING here, including everything the pages link out ot.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  3. #3
    Join Date
    May 2010
    Posts
    4

    Default Re: Roommate Gave Verbal 30 Day Notice

    Thanks for the reply - so to be clear, I should cash her 1/2 rent for this month and allow to to stay 15 days then give her a 3 day notice after that? She did give a verbal 30 day notice on 02May2010. Should I serve her written 30 day notice to move out too? And I think I need to mail a copy to her at my address? I was just trying to help her by agreeing to accept 1/2 month rent but on a stipulation that she find a job and pay full month rent after 30 days (next month). Should I hold off cashing the check?

  4. #4
    Join Date
    May 2010
    Posts
    4

    Default Re: Roommate Gave Verbal 30 Day Notice

    HELP! I am getting conflickting advice on Roommate situations when the tenant in in my home that I own and I also live there. From what I am hearing, as soon as they fail to pay rent and verbally said they will not pay rent and not move out, I need to call the police and hae them removed and change the locks. Are these 3 day notices to quit and formal eviction procedure really needed in this case? The process takes too long and I cant have this person in my home and have them damage anything or burn the place down while im at work.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,113

    Default Re: Roommate Gave Verbal 30 Day Notice

    From what I am hearing, as soon as they fail to pay rent and verbally said they will not pay rent and not move out, I need to call the police and hae them removed and change the locks.
    NO.

    Unless you want to be sued for illegal eviction?

    Did you do as instructed and read EVERYTHING from the California courts website that I pointed you to? DO NOT listen to things you've "been hearing". If the California courts website doesn't instruct you to do it, DON'T DO IT.

    The process takes too long and I cant have this person in my home and have them damage anything or burn the place down while im at work.
    Proceeding in any other fashion than that laid out by the courts will get you sued. "Following the law takes too long!" is not a defense.

    There are risks associated with verbal roommate agreements instead of formal leases. I'm sorry that you had to learn about them the hard way.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  6. #6
    Join Date
    May 2010
    Posts
    4

    Default Re: Roommate Gave Verbal 30 Day Notice

    Ok thanks. I give up and will hire a law firm that I spoke with today to serve the correct forms. I am in process of moving out of my home that I own.

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