Legal Question in Landlord & Tenant Law in California
Roommate Problem
Boyfriend not on rental agreement has lived with me for 2 years. Rent paid by my personal checks only. Best process for getting him out if he refuses to leave amicably.
2 Answers from Attorneys
Re: Roommate Problem
If he is likely to be violent, get a restraining order. Otherwise, you need to evict him.
Serve him with a 3 Day Notice . You are his landlord. Other than the fact you wish him out, I don't have facts as to which notice to use.
A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:
Failed to pay the rent.
Violated any provision of the lease or rental agreement.
Materially damaged the rental property ("committed waste").
Substantially interfered with other tenants ("committed a nuisance").
Used the rental property for an unlawful purpose, such as selling illegal drugs.
Probably, you need a notice for creating a nuisance. Then file an unlawful detainer, and you are on your way. The following website from the state gives you lots of answers.http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-ten.htm
E-mail or call me, if you need more help.
Good luck!
Re: Roommate Problem
You can give a 60 day notice if he paid rent to you. You can give a 30 day notice if he did not pay rent. Then an unlawful detainer can be filed. Please call me if you have any other questions.