What is the name of your state (only U.S. law)? California
I am a licensed real estate agent. I am helping a family member manage a rental property with no compensation (free). The house is rented for $1500 to 3 individuals (each person $500), one of which has a girlfriend.
Two individuals has a signed written lease for 1 year. I don't have a problem with these two. The individual with the girlfriend used to have a signed written lease but I managed to talk to them into giving it up so they no longer are in possession of the papers. They are currently 3 months behind rent and neither works (they just sit in the house, in their bedroom all day watching TV). The boyfriend is collecting UE and using it as beer money because he has several cases of empty cans right outside the bedroom door. For getting their papers, I told them that I wanted to add the girlfriend to the lease so that she would have rights as a tenant of the property but I would only do that once they were current on their rent. I told them to gave me their papers because the old one (with only the boyfriend's name) wouldn't be valid anymore and so they did. They don't have hardly any furniture (just a mattress in the room) so I seriously doubt they made a copy of it. My original idea (bad idea) was to just change the locks if they continue to not pay, throw their stuff out, and say they were trespassing. But then I also know that verbal agreements was valid for periods less than 1 year so I think even if I have physically removed their papers, they still have a lease one way or another and have tenant rights. Right?
So on the unlawful detainer Complaint form (UD-100) page 3, it states whether I have a written or verbal lease with them, I don't know what to put down. I'm not quite sure how to proceed forward on this eviction... Any advice is GREATLY appreciated.
Some added info:
Lease was originally under 1 guy who moved out in March. He sublet to the guy with the girlfriend around February. The other two individuals, I found and lease the other rooms in the house to.
As far as rent payments and deposits, the only money that they have given me $500 is in cashier's check for the security deposit, payable to me, not the landlord.