Legal Question in Landlord & Tenant Law in California

roommate

I have a roommate who refuses to move out. I have already given him his 30 days, which I am told I do not have to do since my name is the only one on the apartment lease. I let him say here for a couple weeks till he found a place of his own, but he moved all his stuff in and has yet to look for anyother place to live, him being here is in violation of my lease. What exactly can I do to get him to move out without breaking any laws?


Asked on 11/24/05, 1:30 pm

2 Answers from Attorneys
H.M. Torrey The Law Offices of H.M. Torrey

Re: roommate

Under the factual circumstances given, your friend would be deemed a tenant under the law. As such, you would have to "evict" him the same way a landlord would need to evict you. Meaning, you have to file an unlawful detainer action to remedy the situation. If you would like further, confidential assistance in this matter, contact us directly.

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Answered on 11/25/05, 3:16 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: roommate

To do it legally, you would have to file an unlawful detainer lawsuit against him, and have the court not only order his eviction, but assess any holdover rent that he might owe.

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Answered on 11/24/05, 1:38 pm


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