Legal Question in Real Estate Law in California

Re: Eviction of non-paying roomate

Well, that's a tough one. I suppose you have tried and failed at negotiation. In theory, you can always sue on the contract (which may be express or implied, written or oral) to pay his/her share of the rent. This could accomplish either getting the roommate to disappear, or you could win and get a judgment. However, in practice it would be easier to use eviction.

In general people in your situation have been too easy-going and have not stuck up for their rights in getting into the situation in the first place, and/or in allowing the other party to fall farther and farther behind. Only you can know for sure how it will work, but probably you need to be more assertive. Don't court violence, however, and don't condone it if it occurs.

Is the landlord/property owner aware of the situation (assuming you are not the owner)? If not, try to enlist sympathetic assistance there, if you think it is at all possible.

Use the eviction process if an eviction becomes necessary or appropriate.

Re: Eviction of non-paying roomate

I would serve the non paying roomate with a 3-day notice to pay rent or quit, and then tell the roomate that as long as they move you will not file an unlawful detainer on them. Explain to them that if you do an unlawful detainer it will ruin their credit and they will not be able to rent another place. In any case serve a 3-day notice to pay rent or quit to protect your rights!!