Renter with no rental agreement, moved in through previous renter while owner out of country .new renter has not paid rent

Asked about 2 years ago - San Diego, CA

do we need to follow legal procedure to evict renter ? he has no legal right as he moved in without talking to owner. Claims to have an arrangement to remodel home .After 7 months has not even finished bathroom and never paid any rent. What procedure to evict ? or can we just change locks since he never signed anything with the owner ?

Attorney answers (1)

  1. Tara Renee Burd

    Contributor Level 5

    Answered . California law doesn't allow for you to just change the locks. Follow procedure for an unlawful detainer as though he had a written contract with you. Since he has not paid rent, you can serve him a 3 day notice to pay or quit. It sounds like this tenant might believe he's in the right, so I suggest getting an attorney on your side in case this renter contests. Additionally, notices to pay or quit must follow specific legal requirements or they will not be upheld in court. Finally, it sounds like you may also be able to file a breach of contract claim against the original lessee. Depending on your contract terms, original lessee may still be liable to you for the rent of lessee's subtenant.

    This reply is provided for information purposes only and does not represent legal advice or an attorney-client... more

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