Legal Question in Landlord & Tenant Law in California

Squatter roommate

Hi,

I share an apt with a roommate.

I am on the lease - he is not.

He has become delinquent lately.

I made him sign what amounts to a promissory note, but want him out.

Have googled it - talks of changing locks, removing his stuff. Even if I did that, I'd fear he would damage my car in response. Can't call the rental office - I'd get busted for having someone here not on the lease. Please help. Thanks.


Asked on 7/12/08, 1:03 am

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Squatter roommate

Give him a written 30 day notice that he is being asked to leave.

then, file an unlawful detainer in small claims court, EXCEPT the landlord, or management, must sign. You have no authority to do so.

Legally, you cannot change locks, or lock him out.

Because of your situation, I would retain an attorney to write him a strong letter. People usually dislike lawyers, but jump when they receive a letter from an attorney's office.

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Answered on 7/12/08, 4:26 am


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