Legal Question in Landlord & Tenant Law in California

2 tenants can't pay rent, 3rd tenant wants to kick them out

A house which I own has one tenant that has resided there since I purchased the dwelling. She got 2 friends to move in with her, which I agreed to. A new lease was signed by all parties. Now the original tenant is wanting to kick the other 2 out because of their repeated late payments. Is it HER obligation to work something out between the 3 of them to get them to leave or do I need to give them a 30 day notice. I feel that our agreement (standard form from software package) essentially states that as long as I get my X dollars per month on time, how they divide it up is their issue to figure out. (They have been sending me payments individually each month and I end up having to call each month separately to find out when ''their share'' of the rent will be paid)

I am hoping the primary, or original, tenant will work this out on her own but am I obligated to issue a 3 day notice to pay rent or quit to the 2 roomates?

Thank you in advance for your help on this,

Sincerely,

J. Phillips


Asked on 12/25/04, 10:41 pm

1 Answer from Attorneys
Ken Koenen Koenen & Tokunaga, P.C.

Re: 2 tenants can't pay rent, 3rd tenant wants to kick them out

It sounda as if you have signed leases with all of the individuals. Chances are, they are all indiviually and jointly liable to you for the rent. While the original tenant can try to evict the others, it would ultimately be your responsibility to do so if you do not collect the rent.

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Answered on 12/26/04, 12:28 pm


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