Real Estate Law (esp. Landlord-Tenant)/housemates won't pay


I'm currently the only person on the lease for my apartment. I've been renting rooms to a brother and sister, but they are over two months behind on rent.  We have no written contract, and they always paid cash so there is no formal evidence of their rental.  My question is, can I easily have them removed by the police if they refuse to pay, without giving 30 days notice, since there is no contract and no check or other written record?

Thanks for your time!

Probably not. An agreement does not need to be in writing in order to be enforceable. You will probably need to evict through the court system. You can also ask them if they would be willing to move if you agree to waive the past-due rent. You never know--they might be willing to move voluntarily if you waive their rent.

Thanks for your question.

David Piotrowski
Attorney at Law

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Real Estate Law (esp. Landlord-Tenant)

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David Piotrowski, Esq.


My landlord/tenant practice primarily assists California landlords with all aspects of the landlord/tenant relationship including leases, contract violations, non-payment of rent, and evictions. I can also advise, on a more general level, other real property issues.


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Juris Doctor (JD) and Member of the State Bar. Attorney.

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