Legal Question in Real Estate Law in California

Landlord Tenant

Is there any way that you can evict and fellow tenant if he does not pay his rent and he is on the lease with you?


Asked on 8/02/08, 3:05 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord Tenant

I don't think there is any way; eviction is a process set up by law for someone with a superior right of possession lawfully to dispossess someone with an inferior right, such as a landlord has against a defaulting tenant or a tenant has against a defaulting subtenant. The rights of cotenants are equal. You can probably sue the non-paying cotenant for breach of a contract with you to pay half the rent, but I don't think your rights extend to terminating the landlord-tenant relationship between the cotenant and the landlord.

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Answered on 8/02/08, 11:44 pm


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