Legal Question in Real Estate Law in California

My former trainer and I decided to rent a house together. Her mother was becoming homeless so I agreed to let her move in. Initially her move out date was supposed to be July 31, 2010. I agreed to let her stay until Sept. 1, 2010, but am now regretting my decision. Is there any way to get her mom out of the house sooner as she has outstayed her welcome and is not contributing to rent/utilities? Is there grounds for termination of the lease?


Asked on 7/27/10, 6:55 am

2 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

It completely depends on what your agreement was with her, if she is a tenant or a subtenant then you have to file an unlawful detainer action to evict, citing failure to pay rent as a reason. However, from the little facts you provided, it looks like the mother is a guest and you can pretty much ask her to leave. However, no matter what you do, since it is your roommate's mother, you should probably go over it with that roommate, as it could definitely create tensions in the house. By pleading with the roommate, you could avoid the awkwardness and have the roommate talk to the mother directly.

Disclaimer: This communication does not create an attorney-client relationship and such a relationship can only be formed through a signed written agreement. This communication is not legal advice and should not be solely relied upon in making your legal decisions. Any situation depends on many different facts and specific laws that require an in-depth legal consultation to evaluate the best solution for your needs.

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Answered on 7/27/10, 11:19 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with the legal discussion in the previous answer. If the lady is a guest, she has no rights and can be told to leave. However, there are some facts pointing to a conclusion that she is indeed a subtenant and not a guest. First, apparently you are expecting payments toward expenses from her.....this sounds like rent. Guests can make voluntary contributions without becoming rent-paying tenants, but when it's obligatory, a court will tend to view the paying party as a (sub)tenant. Next, she has no other home. SOmeone with another address is likely to be deemed a guest, but having no other place points to being a tenant.

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Answered on 7/28/10, 9:05 am


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