Legal Question in Landlord & Tenant Law in California

roommate eviction laws

I am the sole person on the lease with the right to have one un-named roommate. I took a friend back in as my roommate with out a written roommate agreement. He moved his lover in against the my lease terms. He is now behind in the rent and I want to evict him. What can I do.


Asked on 1/23/08, 9:06 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: roommate eviction laws

Give your friend a 3-day notice to pay or quit and a 3-day notice to abate or quit (because of his lover). If he doesn't comply with either or both, then bring an unlawful detainer lawsuit against him and all unnamed persons.

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Answered on 1/23/08, 11:47 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: roommate eviction laws

I agree with Mr. Cohen.

You have 2 problems: behind in rent and lover living there.

Serve him with 2 different 3 day notices, then evict if he doesn't comply.

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Answered on 1/26/08, 3:39 pm
Larry Rothman Larry Rothman & Associates

Re: roommate eviction laws

You would serve a 3 day notice for the back rent. You would also serve a 30 day or 60 day notice at the same time depending upon the length of time that the roomate rented from you. Do you have a written agreement. Please contact me if you need assistance or have any other questions.

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Answered on 1/24/08, 9:24 am


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