How much notice is required by law and does it have to be given in writing? the person is not on the lease but does pay rent I just need to find out the proper procedure to keep him out of the house
A written lease is not required to create a tenancy.
In order to evict a tenant, a landlord must give proper notice. In some cases, a landlord cannot evict a tenant unless he or she has good reason to do so, even with the appropriate notices.
Generally, in California, a landlord must give a 30 day notice to vacate the premises if a tenant has been residing at the premises for less than one year. If the tenant has been residing at the leased premises for one year or more, then the tenant must give a 60-day notice to vacate. In cities/counties with rent control or rent stabilization ordinances, the notice requirements may require good cause, such as in Los Angeles.
San Diego does not have a rent control law; however, it does have a "Just Cause" eviction law that sets for certain requirements for certain landlords to evict tenants. Under San Diego Municipal Code §98.0730, a landlord may only evict a tenant who has resided at the premises for two years or more with a "good" reason. These reasons include:
- Nonpayment of rent
- Violation of a material term of the lease
- Nuisance
- Illegal use of the leased premises
- Refusal to renew a written lease that terminated after April 26, 2004 after landlord requested renewal in writing
- Refusal to provide landlord access
- Landlord's need to correct code violations
- Withdrawal of the leased premises from the rental market
- Owner/relative occupancy of the leased premises
That being said, the rules for landlords applies to master tenants on a lease who are leasing to subtenants as well. The master tenant steps into the shoes of the landlord when they sublease a part of their leased premises (with or without the landlords permission). Though, if the landlord discovers a subtenant that he or she did not permit, the landlord may seek to evict the master tenant for breach of the terms of the lease with a 3-day notice to perform covenants or quit.
Yes you can! The amount of notice depends on the reason for evicting him/her. Generally, non-payment of rent or other breach of the lease agreement requires a 3 day notice (assuming the tenant does not cure the breach during that period), eviction at the preference of the landlord/master-tenant for some other reason of a tenant occupying the premises for less than a year requires 30 days, or 60 days if the tenant has been an occupant for more than 1 year.
