Legal Question in Landlord & Tenant Law in California

Re: problem roommate

Yes. She is your sub-tenant. You are her landlord. Give her 3 day notice to "pay rent or quit". There are numerous websites that tell you how to, how much, etc. Go to a search-engine such as google, yahoo, ask, etc. If rent isn't paid within three days, then you need to file an unlawful detainer, have it served, and evict her. You have the right to possession of the premises. She might have some defenses, but assuming you have given me all the facts, she will not have anything valid to avoid an eviction. Might be better for you to have an attorney write her a letter, and hope to resolve your problems in that manner, since the unlawful detainer ( between court costs and having her "served" with legal papers) can cost you upwards of $300.00. Good luck!!.

Re: problem roommate

The fastest and cheapest way to get rid of her, although not something an attorney should or normally would advise you to do, might be to offer her money to sign an agreement that if she leaves by X date she will get $250 from you. You can make it a sliding scale so that each extra days she stays money is deduct from the bribe. Also include that if she does not leave she will allow you to get a default judgment against her. A smart tenant can drag an eviction out for 2-3 months while you run up an attorney fee of more than $1,500. Is she judgment proof [does not have assets, etc.]. You may have a good idea if such a bribe would work. Attorney Bennett's advice is very good, but many tenants are not co-operative so different ways of achieving success may have to be used.