Legal Question in Landlord & Tenant Law in California

I currently live in a 1BD condo that my father and I own. I have a friend that needs a place to stay, and I am interested in having him stay w/ me. If I want anyone to live w/ me, the condition from my parents is that whoever stays w/ me needs to pay so much, and we require proper leasing papers in the worst case scenario that whoever lives w/ me becomes abusive or can't pay. Since it's only a 1BD condo, where can I get lease papers for a roommate to sign that will allow me to take them to court for lack of payment or call the cops to kick them out?


Asked on 9/21/09, 7:06 pm

2 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

First, the "cops [won't] kick them out" unless you first obtain a restrainig order against them. Once someone moves into a residence, the only way to forceably remove them is by: (1) filing an unlawful detainer complaint against them; or (2) obtain a restraining order requiring them to stay away from you and your residence.

You can pick up a residential rental agereement or lease from any stationary store and probably from Staples or Office Depot.

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Answered on 9/21/09, 7:30 pm

if you want to know your rights and responsibilities, not just get a form, I recommend the Nolo Press books on landlord rights and responsibilities and I think they have one on roomate arrangements. They have good forms in the books.

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Answered on 9/21/09, 7:51 pm


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