Legal Question in Landlord & Tenant Law in California

Evicting a roommate who committed a crime against another roommate
A roommate who is subleasing from the original lease holder has committed a crime against another roommate
(identity theft). She is now in jail awaiting arraignment and hasn�t been bailed out. Yet.

When she was being arrested, she agreed to move out when she was out on bail. I�m sure there�s 90% chance that she will move out voluntarily. I�d just like to prepare in the off-chance she decides to play the eviction game.

Details:
Moved in March 8, 2008
Arrested March 25, 2008
While she admitted to police officers that she committed the crimes, there is no formal conviction. Not yet anyway.
She�s being brought up on a total of 50 counts, 47 of which occurred before she moved in (other identity theft charges). The only three that are related to us are unlawful possession of narcotics and paraphernalia.

Do California eviction laws make exemptions to any of the rules if a crime was committed against a roommate?
If the victim filed a restraining order, would that speed up the process, or affect the process in anyway?

Asked on 3/28/08, 1:10 pm

Robert L. Bennett Law offices of Robert L. Bennett

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0 attorneys agreed

Re: Evicting a roommate who committed a crime against another roommate

Thanks for a coherent question, with excellent statement of facts.

Evict her ASAP when, and if, released. You need a 3 day notice to quit, and the filing of eviction papers.

Restraining orders (TRO's) are seldom with the coast, time, and effort. They are ignored frequently by the police and the defendant. Save your money.

Please feel free to e-mail my office, if you need more help.

Answered on 3/28/08, 10:25 pm

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