Legal Question in Real Estate Law in California

laws re, roomate/subtenant eviction perocess

What can a Tenant do legally to evict a cotenant/roommate; what are his rights? I'm looking for the fastest way but I'd like to be sure I go about it properly. I'm the tenant/ primary leaseholder, this person has really been a complete nightmare. Also, we never signed any application prior to his moving in,( which concerns me);most forms I've seen refer to a prior agreement. Help!


Asked on 5/24/00, 6:00 am

3 Answers from Attorneys

Re: laws re, roomate/subtenant eviction perocess

You would have to go through the same process as a Landlord would. A 30-day Notice to Quit should be served, upon it's expiration, and if your roommate still failed to volutarily move out. You would have to commence an Unlawful Detainer Proceeding (Eviction). We could help. If in need anywhere in California. Please call (949) 852-2900 ask for myself or John F. Alarcon

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Answered on 7/06/00, 12:50 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: laws re, roomate/subtenant eviction perocess

I agree with the prior comment that the eviction should be by legal process, if the individual won't leave upon request. Attempts at self-help (changing locks, etc.) could be disasterous. Although your agreement wasn't in writing, it is probably nevertheless enforceable. Only longer-term leases need to be written. The problem is proof of its terms. You should try to recall and set down in writing what was said and how you could prove those terms in court (witnesses, acts tending to establish the terms, etc.). Also, take whatever steps are necessary to protect your property on the premises and to avoid abuse of long-distance service and the like.

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Answered on 7/05/00, 2:55 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: laws re, roomate/subtenant eviction perocess

You need to legally evict the roomate. I can help you with this procedure. If you are located in Southern California give me a call for a free consultation at 818-342-8020.

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Answered on 7/05/00, 6:44 am


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