Legal Question in Landlord & Tenant Law in California

I have a problem with a roommate i currently live in an apt complex with a roommate and my daughter. The roommate moved in last novemeber and I was told he would be out in May in may my roommate ran into some financial problems so i let him stay a bit longer. In June I told my roomate he had to be out by July 15th due to my daughter moving in with me. I wrote him a letter telling him that due to we were never home at the same time unless it was really late. The next day I had a letter on my door saying that it was not his problem that my daughter moved in with me that he would be out Sept 1st. In order to avoid any problems I allowed it. Sept 1st came and went Oct 1st came and went and Nov 1st came and went. He is still here and hasnt paid me any rent since Aug 1st. I want him out. What can I do?


Asked on 11/22/10, 4:55 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

I assume that you are the only person on the rental agreement with the landlord. If so, you will have to serve your roommate with a three-day notice to pay or quit. If he's not home at the time, you can post the notice on his room door or the front door of the apartment. In it, you must itemize each month he is in arrears, and state the name, address, and times you are available to accept the rent. Do not accept a partial payment. If he does not pay the full amount (for four months) within three days, then you may file an unlawful detainer lawsuit and, after you win, the sheriff will take care of evicting him.

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Answered on 11/27/10, 5:18 pm


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