in calif we have a roomate thats not on our rental agreement an we would like him to move we want to live alone we have to many problems with him what can we do?
in calif we have a roomate thats not on our rental agreement an we would like him to move we want to live alone we have to many problems with him what can we do?
You will treat him just like he is a month-to-month tenant (since I assume you have no written or oral rental agreement for more than just a month-to-month tenancy). If he has lived in the property for less-than a full year, you would give him a thirty day notice to terminate his tenancy. If, alternatively, he has lived in the property for a year or more, you have to give him a sixty day notice to terminate his tenancy. In neither of those notices do you have to give him any reason (nor should you give him any reason) for why you are terminating his tenancy. If he then stops paying rent, you can give him a three day notice to pay rent or quit. When (if) he doesn’t leave at the end of the three, thirty or sixty days (whichever is applicable), then you must file an Unlawful Detainer (eviction) lawsuit in the Superior Court. You may want to hire an attorney to do so because there are other factors that might affect what type of notice you need to give. The local Court’s website may be helpful in filing the lawsuit as they sometimes have instructions for filing and prosecuting eviction lawsuits.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC’s (the “Firm”) participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. ยง528, we must now disclose that, “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code.”
David Gibbs
The Gibbs Law Firm, APC
110 E Avenida Palizada, Ste 201
San Clemente, CA 92672-3956