Legal Question in Real Estate Law in California

Roomates Rights

My sister & I rented a house together (we both signed the rental agreement). She has allways insisted on send her rent ck. seperately. She pays 380.00 & I pay 570.00 (I have a child w/ her own rm.). For the last month or so my sister only comes home once or two days a month. She has not paid her share of the ulilites in 7 months, and I have found out that she owes our landlord 1180.00, in back rent(she has paid him 300.00 in the last 4 months). Can I evict her, or does the landlord have to? I spoke w/ my landlord & expressed my desire to stay, I don't think that I should be held liabel for her back rent, as he accecpted her excusses (in writing) & continues to let her fall behind. I had to ask him several times how far behind she was before he would tell me! How can I get her out of here. I'm tired of paing her share of the bills, & I feel that shes putting me in jeopardy of being evicted. Thank You P.S.Time is of the essence here.


Asked on 5/03/98, 5:03 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

You cannot evict her.

If you both signed a lease with the landlord then she is his tenant and not yours which means you cannot evict her. if the landlord will not evict her you cannot get her out. The big problem you are going to have is the landlord has the legal right to make you pay her rent and can evict you if it is not paid. You do have the right to sue her in small claims court for the rent she owes. I would suggest doing that and then using the money to bring the rent current.

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Answered on 5/21/98, 9:32 pm


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