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  1. #1

    Default Oral Lease With No Money Paid nor Proof of Residency. Can I "Evict" This "Tenant"

    My question involves an eviction in the state of: California. I have a property where I informally helped a guy out by verbally consenting to his brief occupancy in my unit while he was to be doing repairs. He never fullfilled repairs on the unit (he did at first still do repairs for me on another unit across town-all small amounts which I paid him cash for seperate from the residency issue at hand) as agreed, he paid no money to me at all for any reason, and there was no implied term for his inhabiting my unit otherwise.
    Now I do not wish to have him in my property as I was intending on repairing the unit for a near future lease anyway, and I have a selected future proposed tenant with whom I wish to sign a written lease with but need to be able to surrender the property to this new tenant.
    I confronted this guy at my property, which he has a key for because I granted him the key for work related purposes, and he has his wife living inside now and has moved a few personal belongings in too. He has NO utilities in his name, as a matter of fact I had the electricity SHUT OFF because it was in my name and I had no intended tenant there at the time and do not need it working.
    He claimed a right to posession that we had an "oral agreement" but such alleged agreement had no indication of a rent amount nor term etc. Being a nice guy I just want him to leave, and he finally agreed and "verbally" agreed to be gone and surrendered the property within 30 days, aka, 11-5-10. Which now it is clearly PAST that point and when I visited my property he has not left and claims that he has tenants rights and that I formally must evict him now.
    Please help. I consulted with another local homeowner who suggested (aside from the obvious written agreement NoNo's) posting a notice of trespass at the unit and delivering it personally to this guy.
    Can I go a step further and change locks? Will a new lease with my proposed tenant create a legal occupancy which will over rule this alleged "oral lease" ?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,304

    Default Re: Oral Lease With No Money Paid nor Proof of Residency. Can I "Evict" This "Tenant"

    Can I go a step further and change locks?
    No, and you ought not have shut off the electricity, either, as he could have a claim for illegal eviction. It doesn't matter that you never bothered with a written lease, nor does it matter that he has not paid you any rent. You hurt yourself by not specifying terms, creating an implied month to month agreement that must be terminated by 30 days written notice from either party.

    You need to formally evict him. Read everything here, and follow the instructions. Notices to vacate MUST be in writing, even if your agreement was verbal.

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