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?

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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

Answers:

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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