Legal Question in Landlord & Tenant Law in California

Problem

I rented an apartment for my daughter (age 20) and 2 other roommates in Los Angeles beginning in April for a 6 month lease. I don't actually live there, I live on the central coast. But my name, my daughter's name and one of the roomates' names is actually on the lease; the second roomate is not listed. But the management knows she lives there (we disclosed this when we signed).

This roommate who is not on the lease has failed to pay her agreed upon share of the rent this month and the grace period is up. I have, of course, had to cover her share of the rent since neither my daughter nor the other roommate is able to do this. If she does not repay me within the week I plan to ask her to leave. Neither my daugter nor her other roommate has seen her today, and today is the day she promised to pay up.

I have 3 questions:

1. Since she is not listed on the lease, does she have any legal recourse that would permit her to stay (''tenant's rights'' or 30-day notice or anyhting of the kind?)

2. Do I have any legal avenue to make her leave?

3. If she just fails to return to the apartment, is there anything preventing me from packing up her things so that her room can be rented out to someone else?

Thank You!


Asked on 5/03/06, 11:00 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Problem

Since she is not on the lease and only contributing to the rent, you can treat her as a ''lodger.'' As such, she would be entitled to a 30-day notice to pay or quit, and if she did not move out or pay, call the police to have her removed for trespassing. Good luck.

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Answered on 5/04/06, 10:59 am


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