Legal Question in Landlord & Tenant Law in California
Roommate issues- not on the lease and behind on rent
Three months ago my roommate and I moved into a 2 bedroom apartment. I put my name on the lease, she did not. We agreed that she would pay me half the rent and I would write the check to the landlord.
The problem is, my roommate has continuously been late on the rent and still owes for half of this month. I am tired of dealing with the money issues and gave her verbal notice on the 4th that I wanted her to move out by the end of this month. Our lease just turned to a month-to-month tenancy
If she refuses to get out at that time, what is the quickest way to remove her legally? Do I have to option of calling the police to have her removed if need be?
2 Answers from Attorneys
Re: Roommate issues- not on the lease and behind on rent
NO!!! as to police.
You need to give her a 30-day notice to Quit, and then an unlawful detainer (eviction). This must be filed by the landlord, and it could cost you close to $500, plus you have to talk landlord into going to court to testify.
You might be better off retaining attorney to write a letter to your roommate. More often than not, this will produce positive results.
Please feel free to e-mail my office, if you need more.
Re: Roommate issues- not on the lease and behind on rent
Your roommate is probably what the law would classify as a subtenant, meaning she is your tenant. You may give your roommate a 3 day notice to pay rent or quit. If she does not pay or quit in 3 days, you may commence an unlawful detainer action against her. Once you get a judgment, you can have the police remove her. Note that you can get a sample 3 day notice from the Law Guru Forms base for a very reasonable price.
If she pays within 3 days, then you can give her a 30 day notice.
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