Legal Question in Landlord & Tenant Law in California

Roommate Problem

Boyfriend not on rental agreement has lived with me for 2 years. Rent paid by my personal checks only. Best process for getting him out if he refuses to leave amicably.


Asked on 7/13/07, 2:20 am

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: Roommate Problem

If he is likely to be violent, get a restraining order. Otherwise, you need to evict him.

Serve him with a 3 Day Notice . You are his landlord. Other than the fact you wish him out, I don't have facts as to which notice to use.

A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:

Failed to pay the rent.

Violated any provision of the lease or rental agreement.

Materially damaged the rental property ("committed waste").

Substantially interfered with other tenants ("committed a nuisance").

Used the rental property for an unlawful purpose, such as selling illegal drugs.

Probably, you need a notice for creating a nuisance. Then file an unlawful detainer, and you are on your way. The following website from the state gives you lots of answers.http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-ten.htm

E-mail or call me, if you need more help.

Good luck!

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Answered on 7/13/07, 5:48 am
Larry Rothman Larry Rothman & Associates

Re: Roommate Problem

You can give a 60 day notice if he paid rent to you. You can give a 30 day notice if he did not pay rent. Then an unlawful detainer can be filed. Please call me if you have any other questions.

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Answered on 7/13/07, 10:24 am


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