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nrayos

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Posts: 2
Reply with quote  #1 

I have a tenant renting from me that never signed a lease...Do I have to follow regular procedures for eviction? (owner occupied house)

OHlandlord

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Posts: 3,814
Reply with quote  #2 
You can evict a tenant with no lease the same as one who has a lease.  Has the tenant not paid rent or is in violation somehow?  Without a lease, as a verbal month to month agreement, you can also remove the person from the premises by merely sending them a letter of non-renewal of the month to month agreement.  Send written notice to the tenant that you will not renew as of xx/xx date and that they have xx days to vacate.  The amount of notice you must give is governed by your state law.  (What state are you in?)

You send this letter to the tenant or serve it as most notices are required to be served for your area.  (The clerk of courts can tell you what method of service is proper there.  You may be able to tape it to his door, send it through the mail, send it certified, serve it personally, or have someone else serve it personally to him.)  Keep a copy of the notice.  If the tenant does not leave after the time has expired, you still have to go to court to get him out, but will only have to prove (by the copy you saved) that he was served with this notice.

If you do not wish to wait this long, or believe he will not leave voluntarily, it may be best to just file for eviction now.  If he has npt paid rent, you can serve him a pay or quit notice, then file for eviction once it expireds if he has not paid up in full.  (Only accept rent payment in full.  Don't accept a partial payment from him.)  Let me know your state and I can give you the specifics.
nrayos

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Posts: 2
Reply with quote  #3 

I live in California, and he is mainly in violation of lease agreement.

OHlandlord

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Posts: 3,814
Reply with quote  #4 

How can he be in violation of the lease agreement if he has no lease agreement?  If he never signed one, or you never signed one, then he has no agreement and you can evict, or not renew his month to month agreement by giving him appropriate written notice.  If he does have a lease, and is in violation, you must issue him a Notice to Cure the volations and give him 30 days to fix whatever it is that he is doing wrong.  More information is needed for a more specific answer.

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