Rental question regards my neighbours!?

Question

I have a couple living in the backhouse who are not married. The house is rented out on a month to month basis . She wants him out for several reasons drinking drugs ec.... . I personaly had to let the police come in to get to the backhouse whom she called because of his drinking and him getting violent towards her and they did not arrest him. Now he is claiming that he wants half of the deposit and the money back for putting in the grass whom she claims that she paid for it but he says she didnt. Every rent I get on time and via moneyorder has only her name on it . Not his. She says he only gives her 300 and the rent is 750 $. On the contract is his and her name stated but he did not sign only she did . She is also the one that gave me her prove of income. He is on unemployment. I have no prove on income for him. Now my question is what are my legal rights of giving him a 30 days notice? Regards the money and also cause of his alcohol and drug abuse. ( I smelled marijuana a couple times and he has admitted it to me personal. ) Can i get him out anytime or am i still obligated to the 30 days?

Update:

I live in California

Judge Julie · Accepted Answer

I know you will hate this advice - but evict them both - his name is on the rental contract - even if he didn't sign it!  If you just evict him - and no he is not entitled to any refund of fees (first/last/damages, etc.)  That is something that he and the other tenant will have to work out - and of course no reimbursement for the yard, unless you agreed to that!  The reason I say this is because there is no way to keep this Man from coming back to visit his ex - and stay a few days - cause she already has already demonstrated a weakness for him - but you'll not have to worry about him or them coming back and do you damage!  Drug Addicts are people you have to worry about - because their addictions override any decency they might have had - and if they perceive a weakness in you - they'll try to take advantage.   In answer to your question - can you kick just the male out - no - unless you have a signed lease contract ie "no criminal activity" as drunk and disorderly.   Don't worry - you'll find another tenant.

R P · Answer

If you have a month-to-month agreement, you just need to give him a 30 Day Notice to move; check your state statutes but in most states, you do not have to give a reason for terminating the rental agreement.  You do not have to reimburse the sec dep until all the tenants move out and you do not have to reimburse him for any portion of the rent. It doesn't matter who pays it as long as it is paid in full on time each month.

As for the marijuana, that is for the police to handle. So is the other matter regarding his violent behavior toward the other tenant.

MRA · Answer

have her get a restraining order against him, if she is strong enough and doesn't keep taking him back.  otherwise, the only way is to evict them both (find out your city / state laws).   once you start an eviction do NOT accept any partial payments or work in lieu of rent - otherwise you will have to start the process again from scratch.   you do not need to give him a partial refund of the deposit - only when the unit becomes completely vacant, with all deductions for anything above wear and tear.  don't get involved in their "she-did-this-i-did-that."  stay out of their business.  but if it gets violent or nasty, evict them as fast as you can.

? · Answer

You owe them nothing for landscaping.  You can let him out of the lease if you choose, but you do not have to refund deposit until all tenants leave.  

Give him 30 day notice (yes, you must).  Done.

Rental question regards my neighbours!?

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