Legal Question in Real Estate Law in California
My roommate got a DUI didn't take care of it then got caught driving on a suspended license. Police came to my house to arrest her. She went to jail for a week. I have children and this has caused problems for me. She said she would move out so I started to make other arrangements. Now she says she isn't moving out. I can't live there with her drinking. I don't want to move. What are my rights?
1 Answer from Attorneys
Alcohol use, unlike illegal drugs, is not generally a ground to terminate a lease or rental. The legal issues then are likely to be (1) who is the roommate's landlord, and (2) was notice given to the landlord? If this roommate is deriving her rights to be an occupant from you, and she gave you proper notice, you could evict her. This is kind of a theoretical answer because important facts aren't given, and it's hard to predict what will work best for you in the real world. Even if you have a right to evict, filing and prosecuting an unlawful detainer suit can be messy when the defendant is your roommate.
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