Q & A

By Schonauer Law on Aug 14, 2019 at 05:57 PM in Legal Questions

Q: How can I evict a boyfriend from a property I owned when he is on month to month?

My boyfriend moved in and We have arrangement that he pays me certain amount of money each month, and he did/does pay, however, because he is on probation and to transfer his case to Orange County, the court needs proof of address or rental agreement. So I put up a loosely rental agreement, however I’m ending relationship and I want him out as soon as possible, how can I protect myself now? 

PS. Also, because I was trying to help him and I didn’t think it would get this ugly so I didn’t keep a copy of the agreement, what should I do?

A: The answer will depend on the terms of the “loosely rental agreement”. 

You may provide to your lessee a 3-day notice to pay rent or quit (leave).  If he then pays, he has a right to stay.  If he does not, you may use the 3-day notice to support an unlawful detainer action (“UD”, eviction)

Alternatively, you may provide a 30-day notice to quit (leave) as long as the agreement is a month-to-month agreement, or a 60-day notice to quit if you boyfriend has been on the property for more than a year.  If he does not leave; you may use those notices to support a UD

If the agreement is for longer than a month-to-month term, the 30-day and 60-day notice will not be able to support a UD, unless the 30 or 60 day notice is more than the time period befor the term expires.

If you cannot find the written agreement, your boyfriend may argue you have an oral agreement to lease the property for one-year.  If he convinces a court this is the case, the 30-day and 60-day notice will not be able to support a UD.

It will be hard for him to argue you had an oral agreement for over a year unless he is able to produce some writing, signed by you, that indicates this is the case.

In the future, do not execute “loosely rental agreement” and if do, keep a copy.