Legal Question in Landlord & Tenant Law in California
crackhead roomate
Hi I am in a sticky situation with my roomate. We both moved in to his deceased dads apartment on a verbal agreement with th e manager to just continue paying the rent. My roomate was short on his half of the rent last month which i covered and that is when he admitted using crack for the past month. I have given him money to pay bills which he didnt,loaned him money, and he eats my food. I have cut him off and can't be living with an active user. He has been a raging lunatic and has been making my life very unbearable, Short of moving is there any legal action I can take to remedy this I get along fine with the landlord who knows the situation I have the reciepts for the rent and have no problam paying all the rent myself. Any guidance would be much appreciated, thank you.
2 Answers from Attorneys
Re: crackhead roomate
Obviously your roommate will not change. When he does not pay his share of the rent, the landlord can give him a three day notice to pay or be evicted [whether or not he pays rent with his money or money borrowed from you, he has paid rent so can not be evicted for that reason]. It would be faster for the landlord to give him a thirty day and three day notice, the latter for committing in the apartment the criminal act of using drugs [you would have to testify to the usage and his confession]. A sharp letter from an attorney first would be best.
Re: crackhead roomate
my computer keeps crashing, so this'll be quicker than I would like...use my phone #, if you need more, as I am semi-retired and work out of my home
Is roomie on a lease with Landlord("LL")? If so, LL must evict? If he is on a lease with you, you evict. If you have written lease with LL, and he has oral agreement with you, then you evict.
Frequently, a letter from a lawyer, threatening legal action, makes it quickier and easier to get him out
Good luck!