If I currently have 6 tenants living in my house but only 2 of them have signed the lease agreement, does this make the other 4 tenants at will?

I want to evict 2 of these presumed tenants at will for smoking pot in the house and refusing to stop. Is there any reason why the eviction will fail? These 2 are middle aged college males. I understand that I will need to give them a 30 day notice to leave first. Is there anything else that I would need to do if it comes down to an eviction?

Thank you for your time.

Asked on December 10, 2015 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they don't have a signed written lease, they are month-to-month tenants, though that may be a slight misnomer: in your state, IF they have been there for a year (or more) already, you have to give them 60 days, not 30, notice. That said, you are not required to "justify" the reason you want them gone: you can give them the notice for any reason and, if they don't leave when required, you can then file the eviction action in court. d on what you write, there is no particular reason to think the eviction will fail.

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