Verbal lease eviction for apartment caretaker in CA, refusal to vacate, property threats.

Question

I left someone in charge of my apartment for 13 months under a verbal agreement that she wouldn't pay rent but would collect rent from my occupants, deposit it into my bank, and I'd handle rent payments online. I informed her on January 4, 2025, that I was returning in February and that she and the occupants needed to move out by March. I returned on February 1, 2025, but now she's refusing to move out and causing difficulties. The agreement was strictly verbal, and she's not on the apartment lease; I'm the only person on it. The court provided a 60-day eviction notice form, but I'm unsure how to fill it out. She also has two cats, blocked a kitchen door with a wooden wall (which I have photographed), and is making threats to destroy the apartment with a hammer. How should I proceed to ensure she vacates the apartment?

Patrick William Steinfeld · Answer

This topic came up under personal injury. Please note... this matter involves Landlord Tenant law. I would not try this yourself. If your tenant was cooperative then it would be fine, but you are going to have problems. Hire an unlawful detainer lawyer. I don't work in this area of law but I think all tenancies greater than 1-year must be in writing to be enforceable. Since you don't have a written agreement she may not have any legal basis to remain. For purposes of eviction you may want to have your tenant served by the sheriff's office. But contact a unlawful detainer attorney for a consultation before you do anything else. Good luck.

James L. Arrasmith · Answer

You're dealing with a serious situation that requires immediate action, especially given the threats of property destruction. Since she's not on the lease and was acting as a caretaker, she's considered a lodger under California law, which gives you more straightforward options for removal. 
 
First, document everything - take photos of the unauthorized modifications, record any threats (California is a two-party consent state, so be careful with audio recordings), and keep all text messages or emails. The threats of property destruction warrant calling the police to file a report, which will help establish a paper trail and could be crucial if you need to seek an emergency restraining order. 
 
For the eviction process, you'll want to serve her with both a 30-day notice to quit (since she's a lodger, not a tenant) and a written notice detailing the termination of your caretaker agreement. Have these notices professionally served or served by someone over 18 who isn't involved in the case. If she still refuses to leave after the notice period, you can file an unlawful detainer lawsuit. Given the threats and unauthorized modifications, you might also want to request a temporary restraining order from the court, which could expedite her removal from the property. Consider reaching out to your local tenant-landlord mediation service while pursuing these legal options - they often provide free guidance on navigating these situations.

Q: Verbal lease eviction for apartment caretaker in CA, refusal to vacate, property threats.