Full question:
My boyfriend and I have been living together for about 5 to 6 years. I bought a log house with 10 acres with the understanding that he would sell his house and then split the payments on the log house exactly. I have bought all log tools needed for the property, including a John Deere tractor for $4,500.00 to fix a well pump. He has given me a couple hundred dollars occasionally through the years and once gave me $800.00 for a mortgage payment. My mortgage is over $2,400.00. I became medically disabled with chronic back sciatica and am on major narcotics for pain. What do I need to do legally to have him move out of my house so I can have a paying renter in the 4th bedroom and rent out other acreage. Do I need him to fill out a special form, give him 30 days written notice, or what?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
We assume that the deed to the property is in your name, and your boyfriend’s name is not on the deed in any way. We also assume that the agreements to pay you, by your boyfriend, were not in writing. The law requires that certain contracts must be in writing in order to be enforceable by a Court. The state statutes that require certain contracts to be in writing are called statutes of fraud. Statutes of fraud require that either the contract itself be in writing and signed by both parties or there must be a sufficient memorandum of the agreement signed by the party being sued for breach of contract.
Several types of real estate contracts come within the statute of frauds. (Civil Code §1624). The following agreements, among others, are invalid unless made in writing and signed by the party to be charged or that party’s agent:
(1) an agreement to lease real property for a period longer than 1 year, or
to sell real property or an interest in real property;
(2) an agreement authorizing another for compensation to purchase or sell real estate, to lease real estate for more than 1 year, or to find a purchaser, seller, lessee, or lessor of real estate for a term of more than 1 year; and
(3) an agreement by a purchaser of real property to pay a debt secured by a mortgage or deed of trust, unless assumption of the debt by the purchaser is specifically provided for in the conveyance of real property.
Based on the above, it appears that your boyfriend’s right to be on the property is pursuant to an implied oral lease between you and him. A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. The landlord must give the tenant 30 days’ advance written notice in the case of a month-to-month tenancy, seven days’ advance written notice for a week-to-week tenancy, or the amount of notice specified in the rental agreement (but never less than seven days).
At most, it appears that you only need to give your boyfriend thirty days notice to vacate. You may want to look at the following form on our website.
CA-1081LT Letter from Landlord to Tenant with 30 day notice of expiration of lease
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
