Legal Question in Real Estate Law in California

Under my name I am renting this apartment. I have two other roommates (A and B) and correcting their portion of rent monthly. One of my roommate(A) gives me a problem several times, for one example; A is accusing B that B used her cooking source which was in the refrigerator. This woman(A) is making a big deal out of it and so loud saying that she intended to use her staff and kept bothering me almost three days. Give me a break it just a cooking source. Maybe she(A) used it herself and forgot it all about it who knows. I asked B about the source, she said she did not use any of A's staff. I just can�t believe that silly things happening.

I want A to move out of this apartment because another roommate(B) is afraid of her. Also after she moves out I want to use that room as my own small business.

I have no contract with her when she moved in. How should I tell her to move out? Is it OK to just write a letter to her stating that I want you to move out this room by the end of January because I need this room for my own business? What happen if she does not moves out?

One time, I told her if you are not happy staying here you can find a new place. Her response was "this is my choice not you". She has a strong personality (never gives in type), I do know how to deal with this kind of person. I�d like to resolve this problem as smooth as possible.

Please help.

Thank you.

aki


Asked on 12/12/09, 8:19 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Since she is a sub-tenant you basically stand as the landlord in relationship to her. If she has lived there less than a year, you need to give her a written 30 day notice specifying what date she must leave [any date you select as long as at least thirty days after you give her the notice]. If she has lived there more than a year, you have to give a 60 day notice. If she does not leave you have to serve her with an unlawful detainer [3 and 30 day notice] and then sue to get a judgment against her. Look at this site for discussions about unlawful detainers and at Nolo Press books on the subject.

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Answered on 12/17/09, 9:36 pm


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