Legal Question in Real Estate Law in California

WE would like to ask our 3rd roomate to leave

My roomate and I had a 3rd roomate move into our 3 bedroom apartment in august to help cover rent. We have had several problems with him since he moved in , most of them minor but they have made the living situation uncomfortable. Latley we have have had very good reason to belive that he is smoking pot in his room and then the other night I caught him going thru all of my personal items in my bathroom. We would like to ask him to leave. However when he moved in the complex would not allow anyone to live in the apartment with out signing the lease. We were told that we could change names on the lease if need be just as long as one of us remained on the lease for a year as we orginally agreed. My question is what legal rights do we have to asking the 3rd roomate to leave even though he has signed the lease?


Asked on 11/04/02, 9:17 pm

2 Answers from Attorneys
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: WE would like to ask our 3rd roomate to leave

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

Absent a written agreement among the room-mates you will have to do the best you can to negotiate a fair settlement of the situation, given that you all have legally equal rights. If you are thinking about locking this person out, you need to be ready to sign a formal Police complaint or get a legal restraining order, as well.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/05/02, 12:51 pm
Robert Mccoy Law Office Of Robert McCoy

Re: WE would like to ask our 3rd roomate to leave

He has a legally binding lease agreement. If you tell the complex owners about the marijuana use, they are likely to evict all of you. One option is to obtain a restraining order requiring the roommate to leave, but you would have to establish substantial harrassment and emotional distress to do this.

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Answered on 11/04/02, 9:38 pm


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