Legal Question in Landlord & Tenant Law in California
Roomate doesn't pay rent
In June I signed a month to month lease on an appartment. At the time my roomate was supposed to sign the lease as well (he had been the roomate to the prevoius tenant) but could not come up with his half the money. The landlord allowed me to sign the lease only and said my roommate could stay, but not be on the lease, and it was my problem to deal with if he did not pay. Every month he has paid his rent short and late, not paid any bills, and not ever given a security depost. He owes me $1010, and septmebers upcoming rent and bills. I do not need him to pay the rent, but was trying to help him out. Last week he got in a fight with my boyfriend the police were called, he took off. I told them I was going to ask him to leave and so we would not be pressing charges. I asked him to leave, but he is making no effort to find another place. My kids are scared of him becuase he beat up their dad. And I want him to leave becuase I have been paying all the rent and bills every month and want the extra room his is taking up. I asked him in writing to leave in two weeks. If he does not leave, how can I get him out? What are the legal step I shoudl take. Can I remove his belongings from the apartment?
2 Answers from Attorneys
Re: Roomate doesn't pay rent
Give him a formal three-day notice to pay rent or quit, and a formal 30-day notice to quit. If after one or both of the periods elapse, file an unlawful detainer. Once you get a judgment, the sheriff will lock him out. If you can't find him, you can post the notice on the bedroom door.
Re: Roomate doesn't pay rent
You should not remove his personal property from the premises until you have formally evicted him, or he has left voluntarily.
If he fails to take all of his personal property and doesn't demand it, you must follow the steps in Civil Code sections 1980-1991. This entails sending him a notice of right to reclaim abandanoned property, mailed to his last known address.
If he doesn't contact you within eighteen days of your sending the notice you may either sell the property (if its value is less than $300) or arrange for its sale at a public auction (if the value is more than $300).
Simply disposing of the property before you've taken the necessary legal steps will subject you to a lawsuit. You also cannot hold the property hostage until he pays you what he owes. Even if he owes you money, if he demands his property, you must return it.
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