Legal Question in Landlord & Tenant Law in California

Our roommate won't move out

We have a roommate who is on the lease that the 8 other roommates (also on the lease) want to kick out in 30 days. Everyone signed a form saying that if the majority of the house wants to kick you out with a 30 day notice, this is allowed. She won't move out the house. Is it illegal for us to move all her stuff to the basement on her last day and have a new person residing in her former room?


Asked on 9/27/06, 2:49 pm

1 Answer from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Our roommate won't move out

You can't and should not take self-help measures. If the co-tenant is on the lease, she has a right to live there no matter what the other co-tenants decide. The 30 day notice is fine, provided it was served by the LL and its contents meet the minimum statutory guidelines under the Code of Civil Procedure. If the co-tenant does not honor the 30 day notice, you will have to get the LL to evict her. Good luck.

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Answered on 9/27/06, 4:12 pm


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