questions & answers

Question: I gave my roommate his written thirty day notice on July 1st. He barely has packed anything and I have a feeling he isn't going to be gone by the 31st. If he has not left the premises by the 31st legally what can I do? My husband and I own the house and he was living with us, just to give you some background. I'm stressing so bad, I don't want a confrontation but it might come to that. The paper he signed was a form we got online and it's not notarized or anything. Would that matter? Thank you.

Answer: If he is paying rent, you need to look to see what the lease says about eviction (you may need a reason to do so) and if there is no lease, but he pays rent, then a month-to-month lease is probably assumed - so a month's notice should be good. You should make sure you have proof that you gave him notice and that you have a reason to evict him. You may have to go to court to get eviction papers (an unlawful detainer order) which means notice for the court date, etc. If he is staying there for free, then landlord-tenant law should not apply and you can evict him. In that case, you should be able to provide your proof of notice (although if he is not a "tenant" there is no legal requirement to "evict") and have the police assist him to leave. and no worries about the notarized - most leases are not.