Legal Question in Landlord & Tenant Law in California
tREMOVAL OF A ROOMMATE
I have aroommate who was accused of using drugs in my home but no one gave me any proof . I have my sister and her two children living at my residence . My nieces father was threatening to call child protective services if he didnt leave that night. He was already leaving at the end of the month. Do i have to let him back till the end of the month? And am i required to refund his rent for the remainder of the time he would have been there?
1 Answer from Attorneys
Re: tREMOVAL OF A ROOMMATE
I am assuming you don't have a WRITTEN agreement with your roommate. A spoken agreement is as binding as a written one, but much harder to prove. You don't give enough information, but I'll try to answer your questions. Without more information, I would assume that your roomie is actually your tenant, called a sub-tenant. A criminal act (using drugs) in the home would be grounds to evict. Your niece's father should not be involved, but obviously is. Tough question on refunding the rent, but because of the roomie's misconduct in criminal activities, the law would probably allow you to keep the remainder of the rent.
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