No Lease agreement, what happens now?

Question

hello there everybody long time no see LOL.

Okay this is exactly what's going on, I have a relly good friend of mine (in California) who got himself in a sticky situation. He was trying to help a friend of his by letting her live there until she got back on her feet. Well she got prenant and moved her boyfriend in and my friend informed her that he could not support all three of them. The verbal agreement was for them to help around the house, (Gardening, painting, etc.) pay rent ($500.00 normally $2000.00 for that home in the area) and their own utilities. Well they stop paying rent and never put the utilities in their name and not to mention the fact that the never helped around the house. (I know for a fact cause I am helping him paint the house among other things but lets get back to it)

He wants to evict them but what is the next step to evict if there is no agreement? Does he have to keep paying the utilities for them or can he take it out of his name? Is there any way to collect loss monies if there was no agreement or he is only entitled to evict them?

Thank you for your time and have a wonderful day!

Dick Green · Answer

What a headache.....I hope it turned out ok.

Please update us on how this played out. 
          
        In this situation.... If the utilities are were in your friend's name, what would be the legal ramifications of turning off the utilities other than the possibility of squatters trashing the dwelling?

Stirling Gardner · Answer

I manage property in California and the courts here are generally pretty tenant favorable.
          
          If you can prove that they have paid rent, you will be in good shape... the court will see them as tenants (rather than uninvited guests, squatters, etc.) and without a written agreement, it will be seen as a month to month "lease".
          
          If you have canceled checks or money order receipts, that will suffice.
          
          Then, you have to initiate eviction proceedings which really isn't hard, just tedious, because the process can take awhile.
          
          I suggest two quality sites that will help you greatly.
          
          You can find all of the applicable California Landlord/Tenant Laws on the HUD website...  California Housing and Urban Development - then search for Cali... it will guide you through the procedure.
          
          Once you know what the procedure is, make sure you get the applicable state compliant eviction forms... 
          
          Stirling Gardner
          Good luck!  You'll be fine!
          
          P.S. DixieInvestor, I haven't met any commies out here yet and I'm a good Virginia boy at heart!  :D

Kingsley Hooper · Answer

I would say they are on an assumed month to month tenancy

if they are more than one month late in my county that counts as constructive notice and you can just go ahead and file a detainer warrant for eviction

i'm sure the laws are different in commiefornia

Calixto Urdiales · Answer

Thank you Mike.

Michael Rossi · Answer

NO GOOD DEED GOES UNPUNISHED!!!

In most places, in the absence of a written rental agreement, then it is considered a month to month tenancy.  However, he needs to check with a real estate attorney who is experienced in evictions.   Then, he'll just need to follow the laws in California concerning evictions.

Can he collect money from them for lost rent and utilities?  FAT CHANCE!  You can't get blood from a turnip - especially in the People's Republic of California.

Mike

Calixto Urdiales · Answer

Are they treated as tenants if they are not paying rent or utilities? And are they protected by tenant Laws of the state of California?