Legal Question in Landlord & Tenant Law in California

My (ex) girlfriend and I have been living in a house (rental) for about 4 years. We both are on the lease, though now she doesn't want to move out, even though I've paid all the rent since we've moved in together. We broke up a few months back, and I asked her to pay her shares, but she refused, and she does not want to move out.

I've talked to the Landlord, but he doesn't want to get involved, what are my options? I can't continue to live with her, and I don't want to move out nor can I for my daughter from a previous marriage has her school close to the house.

I'd like to evict her for non payment of rent, can I do that without the landlord, for as I mentioned above, he doesn't want to get involved, probably because his wife and my ex girlfriends aunt are friends.


Asked on 7/30/15, 2:44 pm

1 Answer from Attorneys

Brian Rosales Harris, Rosales & harris

You cannot evict a roommate for non-payment of their "share" of rent. A co-tenant cannot evict another co-tenant. The landlord has no obligation to take any steps to evict her; besides, landlords to not have the ability to do a "partial" eviction of a roommate.

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Answered on 7/30/15, 3:14 pm


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