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I am not getting along with my tenant/roommate and would like to have him leave. What kind of notice do I have to give him?

Asked over 2 years ago - Los Angeles, CA

I currently am renting a room out of a house which I own. I have gotten into several arguments with my roommate and the last argument ended with him destroying some of my property. I would like him to move out as soon as possible. He originally signed a six month lease on March 6, 2007 and has been living month to month after Sept. 1, 2007. In July of 2008 he had given me his 30 day notice but his housing fell through and he's continued living month to month. My question is do I have to give him the standard 30 days notice or 60 day notice because he's been here more than one year? Does the previous 30 day notice give me the option to evict him immediately?

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Attorney answers (2)

Steven Alan Fink

Reputation Level 20

Answered over 2 years ago. Real Estate Attorney in Newport Beach, CA.

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His previous notice is no longer effective. The safe thing to do is give him the 60 day notice. If you give him less than that and he contests it in an unlawful detainer you may have to start over.

Disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Richard F Hamlin

Reputation Level 11

Answered over 2 years ago. Real Estate Attorney in Los Angeles, CA.

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I am going to refer you to an attorney who is not on Avvo, but who handles only evictions for lessors. Although we handle commercial evictions, we generally refer residential matters to him. His name is Duane Hall, and you can reach him at 310/215-8530. (If you are checking the State Bar site, his full name is William Duane Hall.)

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