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Eviction of couple renting room in owner occupied home in ca.

San Mateo, CA |

I'm in CA and rent my two rooms to a couple & another female. i have been trying to get the couple out of my house for the past 8 months. i have hand delivered on 7/1 a 60 day notice, then on 9/1 a 30 day notice to the couple w/no success of them leaving. they have lived here with me going on 2 yrs. the one yr lease has already expired and is in month to month. they have harassed me and my family and other roomies to the pt of others leaving. this month they used 1/2 their security deposit to pay for rent,and refused to pay actual rent as the lease states u cant use deposit as rent. the male member smokes weed in and outside the premises even though on the rental app they stated no smoking or drug use. they are saying i cant evict them because i didn't give them proper notice and they should have another 60 day notice instead of the 2nd 30 day notice i gave them again. Is this true since on month to month it only requires 30 day notice? can my claim hold up and win if i file a unlawful detainer with the court?

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Attorney answers 1


If the tenants have been living in the premises for more than one year, they are entitled to 60-days notice to terminate. If they have failed to pay rent, you can serve them with a 3-day notice to pay rent or quit. Likewise, if they are using drugs and creating a nuisance, you can serve them with a three day notice to quit. The notices must be properly served. It is unclear from your post how you served these notices. It is also unclear why you served a 30-day notice after the original 60-day notice expired. Regardless of which notice you serve, if they do not move out in line with the notice, you will have to file an unlawful detainer lawsuit against them.

I would be happy to discuss this matter with you. I have 20 years experience representing landlords and property managers against tenants. I have handled many cases in San Mateo.

Best regards,

Steve Lightfoot

I am licensed to practice law in the state of California only and this response is provided as general information only. It is not intended to be legal advice. Legal advice must be based on the specific facts of a particular situation, and by this forum is not appropriate for discussion of specific, exact facts or lawyer-client privileged communications. Contact a lawyer for specific advice. My answer to your question on AVVO does not create an attorney-client relationship.

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