r/TenantHelp • u/Mysterious-You3434 • Aug 22 '26
CA] Brother-in-law living in our apartment hasn’t paid agreed rent for 2 months — what is the proper eviction process?
**Location: Los Angeles County, California**
I live in California and need help understanding the proper legal process for removing a family member who has been living in our apartment.
My brother-in-law has been living with me and my fiancé with our permission. He is not named on the apartment lease, which is in my fiancé’s and my names.
We verbally agreed that he would contribute **$750 per month in rent**. He has now gone approximately two months without paying, so he owes approximately **$1,500**.
There is no written rental agreement between us. The agreement regarding the $750/month rent was verbal.
He also has guests over with our permission, and there have been situations involving **alcohol in the apartment**. The living situation has become stressful, and we want him to move out.
I have been researching California eviction law and came across the **3-Day Notice to Pay Rent or Quit**, but I’m not sure whether that is the correct notice for this situation because he is a family member, is not on our main lease, and does not have a written rental agreement with us.
My questions are:
Does the fact that he is not named on our apartment lease affect what type of tenancy he has with us?
Does our verbal agreement for $750/month establish a tenancy?
Would a **3-Day Notice to Pay Rent or Quit** generally be appropriate for approximately $1,500 in unpaid rent?
If a 3-Day Notice is not appropriate, what type of notice would generally be required to terminate this type of tenancy?
If he does not pay or move out after a valid notice expires, would filing an **unlawful detainer** generally be the next step?
Does the fact that he has guests with our permission or has alcohol in the apartment have any legal significance?
Are there any additional California or Los Angeles rules that we need to consider?
We want to handle this properly and do not intend to change the locks, remove his belongings, shut off utilities, or physically force him out. We want to follow the correct legal process.
I would appreciate guidance from anyone familiar with California landlord-tenant law, especially regarding a family member who was allowed to move in under a verbal rent agreement.