Legal Question in Landlord & Tenant Law in California

I want to get my roommate out!

I recently moved into a condo with my 18 year old daughter I now what her out. She is not a responsible party on the lease, she is listed as a person living in the condo. I have asked her to leave voluntarily and she refuses. I am no longer legally or financially responsible for her. Her behavior is horrific. What do I need to do to get her out?


Asked on 10/11/05, 10:12 am

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: I want to get my roommate out!

If she is not a signatory on the lease, give her a thirty-day notice to move out and after 30 days if she's still there, call the police and have her removed for trespassing.

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Answered on 10/11/05, 11:26 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: I want to get my roommate out!

we certainly can appreciate your frustration here. unfortunately, you will not be able to simply "throw her out" or have the police department remove her from the premises legally under the factual circumstances you presented. your adult daughter will be legally viewed as either a co-tenant or sublessee depending on your interest in the condo at issue. as such, she would unfortunately have tenancy rights, even if she is irresponsible and not paying rent. so, from a legal standpoint, you would only be able to evict her in the same manner a landlord would have to evict an unrelated tenant per se. meaning, you would need to serve her with a 30 day notice first and foremost, and then if she still refuses to leave voluntarily, you would need to file an unlawful detainer action against her for her lawfully enforced removal. however, a much faster approach here might be to retain an attorney to send her a "forceful" legal letter to expedite her removal hopefully and save you unlawful detainer court costs, etc..if you would like further assistance, contact our office today.

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Answered on 10/11/05, 5:28 pm


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