Tenant or guest

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Me and my wife own a 4 bedroom house in vallejo California , to get through hard times we are renting out the 3 extra rooms to help pay the bills. 1 guest/tenant has become a nightmare, very confrontational and any time we have a discussion she is screaming and banging her fist, she has sent my wife many texts full of insults and also left notes insulting the other guests including calling them cowards and worse. The angry guest ends every conversation with "I know the law evict me I'm not leaving". My question is; because this is a single family dwelling and I the owner lives here can I get away with a 3 day notice and then call the sheriff for trespassing? We did put together a lease for her for a month to month basis but at this point she is not even paying the rent.

Attorney Answers

2
Binh Bui ·
She's not a guest or trespasser, she's a renter. You must give her 30 days notice if it's been under a year...but if she's not paying rent, you can give her a 3 day notice to quit (not a 3 day notice to pay or quit). You don't have to accept her rent. If she refuses, initiate an unlawful detainer. Good luck.
0 upvotes
Richard Price ·
Serve a 3 Day Notice to Pay or Quit, then start an unlawful detainer action. The Sheriff won't remove her from the home for trespassing.
0 upvotes