Legal Question in Real Estate Law in California
Roommate eviction process
I have a lease in my name for an apartment I share with another person. That person has recently lost her job. She did not inform me of this. Her behavior is increasingly hostile, reclusive, and strange. I am concerned she will not be able to meet her rent obligation, and am in no position to assume any additional costs. Do I have any right to initiate some form of eviction of this person?
2 Answers from Attorneys
Re: Roommate eviction process
As soon as she falls behind in her rent payments, you should serve her a 3 day notice to pay rent or quit. If she breaches a covenant of quiet enjoymnent, you would serve her with such a 3 day notice. You can obtain these forms any any stationery store. Should you require an unlawful detainer (eviction action), we can help you. Please call me if you have any questions as oiur consultation is without charge.
Re: Roommate eviction process
With respect to this roommate/sub-lessee, you are a landlord and have all the usual rights and responsibilities that go with landlording. You may, and if the subtenant insists, you must follow the legal eviction procedures including 30 day notice to terminate without cause, and/or three-day notice if/when you have cause such as a breach of the promise to pay rent. If you need cheap quick assistance get a self-help law book on tenant rights or how to be a landlord, or see your local small claims advisor.
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