How Can I Get RID Of This Horrible Roomate??
Hi! I just bought this beautiful and expensive home in a great neighborhood. I live with only 1 family member, so I rented out a room to a woman with a 5 years old daughter. Well, now I can't stand her anymore, because she is disrespectful, and her kid is extremely undisipline. She has been home 24/7 claiming that she had work injuries. My worst fault is that I never had her signed a contract ( I never rented out before), seeing how it was just a room, and I trusted her. Payments has been made on time so far, but I really want her out. I'm afraid that she won't move. Can anyone please give me a suggestion on how to do this? Will the law be in her favor? PLEASE HELP!!!! Thank you so much! 
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Not having a lease is not totally bad. You could rightfully ask the tenant to leave the premises since you don't have a lease to break. But, be warned in some states receiving money is like forming a contract and would be looked upon as such in a legal preceeding.
Ask her kindly to leave. And give her enough time to get her. Offer to help her move... find her another place to stay if you have to! You'll have no problem if she agrees to leave on her own.
PS. If she has already payed you this months rent she is entitled to the month or a refund.
Ervan
By most state laws, accepting money for rent automatically puts you and the tenant in a month-to-month rental agreement. Since it is month-to-month it gives you some legal options.
First, you could give a 30 day notice of a rent increase. She would have to pay or more.
Second, you could give a 30 day notice of rent termination. The reason would be that you no longer wish to rent the room (note, this may prevent you from actually renting it out again for a time).
Any advice received on this forum will be opinions only. The best course of action would be to talk with a local real estate attorney and give the advice from a state certified professional.
Roger
In nonfreehold or leasehold estates, tenants can become tenants at will and tenants at sufferance.
If you are living in an apartment without a written lease, and have the permission of the landlord, or if you have lived in a rooming house for more than three consecutive months (length of time may vary from state to state), you are a Tenant at Will. This type of tenancy is also known as a month-to-month lease because you are still required to pay rent every month. Before you move in, you and the landlord will agree upon how much rent you will pay and which utilities you will be responsible for paying. As with a written yearly lease, you have the right to "lawful and exclusive possession" of your apartment. This means that the landlord cannot enter your apartment without your permission.
Unlike tenants with leases, a landlord can terminate your tenancy with proper notice in accordance with your local landlord-tenant laws.
The only real advantage to a tenancy at will is that you can decide to leave your apartment with proper notice, without having to wait until the end of a lease.
When your lease expires or the landlord ends your tenancy but you stay in the apartment, you are a Tenant at Sufferance. Technically, under the law you do not have a tenancy. However, the law does not consider you to be trespassing because at some point in time the landlord agreed to rent you the apartment. Landlords who receive rent from tenants in this situation must mark checks and receipts with the words "for use and occupancy only" - if this is not done the acceptance of rent creates a new tenancy at will.
It is important to landlords to have an unwanted tenant declared by the court to be a tenant at sufferance. A tenant at sufferance is like an illegal trespasser and thus the landlord can have the "trespasser" physically removed from the property by the sheriff. A tenant at will has the legal right to occupy the property. The difference between a tenant at sufferance and a trespasser is that the former once had the right to use and possess the property, while the latter did not.
I wholeheartedly concur with Roger. Get professional counsel from a competent legal authority.
Thank you so much guys!!! You have been so helpful to me! I really appreciate your knowledge and opinions. I was concern that she wouldnt leave after a 30 days notice, using the excuse of being handicape ( her work injury, which she is probably faking because she can do anything normally), and her daughter as a defense in the court of law. I heard it is very difficult to get someone like that to leave they do nto want to, because the law will favor them even under no contract. Does anyone knowi if this is true in the State of California? THANK YOU SO MUCH!!!