• How to Evict A Roommate in California

How to Evict A Roommate in California

It’s rare that people find the ideal roommate to live with. In a worst case scenario, the roommate may refuse to pay rent or comply with the terms of the lease and you may find yourself dealing with the question of how to evict a roommate in California. This article will share important details about filing an unlawful detainer eviction proceeding, and address how to evict a roommate in California.

Types of Roommate Arrangements

In California, there are two types of roommate arrangements when the landlord does not live in the rental unit:

1. Roommates as Co-Tenants

A co-tenant arrangement occurs when all roommates have a contractual relationship with the landlord. Both co-tenants pay the landlord rent directly.

2. Roommate as Sub-Tenant

To sublet means that one tenant has a contractual agreement with the landlord. After being bound by the agreement with the landlord, the tenant contracts with another person (a roommate or housemate) under independent terms and conditions in which the subtenant pays the tenant rent.

Co-tenants cannot be evicted from a rental without just cause. A co-tenant can, however, evict a subtenant roommate. A subtenant cannot evict anyone. The landlord can evict all tenants from the premises.

How Guests May Become Unintended Subtenants

In California, if someone resides in an apartment for 30 days or more, he/she will be considered a tenant, regardless if he/she signed a lease or formal rental tenancy agreement. Long-term guests can unexpectedly become a tenant roommate even without any type of rental agreement. After 30 days, the guest will be considered a co-tenant and can only be evicted by the landlord under legal due process, if they do not voluntarily leave on their own accord. Once the guest becomes a tenant, so long as he/she lives up to whatever verbal agreement he/she made about paying rent, he/she has the legal right to stay. The guest-turned-tenant will need to be provided written notice to vacate as required under California law. A roommate can only evict a subtenant if there was a subtenant agreement made in which the guest, now a subtenant, was allowed by the roommate to stay in the property with or without the payment of rent.

Criteria to Evict A Roommate

In order to evict a roommate, the tenant must provide proof that the subtenant committed one of the following acts:

  1. Failed to pay rent
  2. Violated a provision of the sub-lease
  3. Materially damaged the rental property
  4. Substantially interfered with the other tenants
  5. Committed domestic violence against another tenant
  6. Used the rental property for unlawful purposes
  7. Committed unlawful conduct involving weapons or ammunition.

The tenant may also choose to end the subtenant’s right to the premises with valid notice of termination, usually 30 days notice if the guest’s tenancy is under one year.

Process to Evict A Roommate

In order to evict a roommate in California, a tenant must follow the process below:

1. Provide Written Notice

Before filing a formal legal procedure to evict a subtenant, the tenant must provide the subtenant with written notice to leave the premises within 30 or 60 days. Thirty (30) days is the minimum requirement for month-to-month subtenants.  If the subtenant complies with the demands of the notice, such as paying back rent, then he/she can continue residing on the property. A tenant can provide the subtenant with a three day notice if he/she meets the criteria above for eviction. Note, the tenant must provide the subtenant with a detailed explanation about why he/she is being evicted pursuant to the 3 day notice.

2. Unlawful Detainer Lawsuit

Once the notice period concludes, if the subtenant is still occupying the premises, an unlawful detainer action can be filed to have him/her legally evicted. The filing of the unlawful detainer complaint starts the formal eviction process. The tenant will need to file the complaint with the court and serve the summons and a copy of the complaint on the subtenant. The subtenant will have to respond within 5 days or vacate the premises. The subtenant can oppose the complaint and file a response. The court will then set a court date. Both parties will be required to go to court and discuss the merits of their case. After hearing both sides of the issue, the judge will issue a final ruling. If the judge rules in favor of the tenant, the local sheriff can be requested to serve the subtenant with a 5 day “lock out” notice to vacate. If the subtenant refuses to leave by the “lock out” deadline, the sheriff will physically remove the subtenant on the day of “lock out.” The tenant can then legally change and place a new lock on the apartment.

Do’s and Dont’s When Evicting A Roommate

Here are some important pointers when dealing with how to evict a roommate in California.

  • Keep good records of your dealings with the subtenant and never get into verbal or physical altercations with him/her.
  • Offer a financial incentive to have them move out. This may be just enough motivation they need to move quietly and avoid a long drawn out court process.
  • Don’t change the locks. You can get a lock on your private bedroom door, but don’t lock them out of the apartment. Doing so without a court order may subject you to criminal and monetary fines.
  • If you fear for your safety, get the police involved immediately. You may want to try to get a restraining order against them.
  • Follow the required legal procedures. This will help you attain a judgment in your favor if the matter goes to court.

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By |2018-01-18T15:47:17+00:00November 4th, 2015|Civil litigation, Real Property|265 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

265 Comments

  1. An June 23, 2016 at 7:43 am - Reply

    What if the owner of the home breaks it off with the boyfriend¥ there is no rental
    agreement . boyfriend has multiple addresses. What notice is require, 30 0r 60 day notice in this situation? He does not pay mortgage or rent,

    • Sandy McCarthy June 24, 2016 at 1:15 am - Reply

      Length of notice if based on how long the tenant has resided in the property. You indicate that the boyfriend has multiple addresses so it would appear that perhaps he was not actually living at the residence. Typically a 30 day notice is required for tenancies less than 1 year and a 60 day notice is required for tenancies over one year. You may want to check with an attorney to confirm whether or not he actually is a tenant or not before proceeding.

      • Jennifer Busselle August 30, 2017 at 5:10 pm - Reply

        What if we are or were boyfriend/ girlfriend, both signed the lease and the boyfriend is not paying rent, due to excessive gambling and alcoholism? Living situation is nearly unlivable due to his obscene messes and has damaged property trying to break into bedroom door when I asked him to leave me alone during a drunken fit. He argues with me nearly everyday and accuses me of absurd things, verbal abuse. I’ve told his mother and she is trying to get him in inpatient therapy and wants me to break the lease and move, which costs more than I can afford. What can I do to just get him out, am I going to have to be the one to leave even though I’m still on the lease and I pay the rent? There is I roommate addendum which is more affordable but he won’t agree to anything.

        • Sandy McCarthy August 31, 2017 at 4:31 am - Reply

          It sounds like you need legal advice so I would suggest you talk to an attorney first before you take any action.

    • Jamie Friday February 16, 2017 at 2:59 am - Reply

      I’m renting a room and paid this month, after she collected the money, sh fee changed things verbally, now she wants me out in 3 days. What’s the law

      • Sandy McCarthy February 16, 2017 at 4:43 am - Reply

        We cannot advise you on the law. Would suggest you speak to an attorney to get legal advice about your rights.

    • Jmee June 1, 2017 at 9:10 am - Reply

      What if this was the scenario: the owner of the house (not apartment), does not live at that property but instead his daughter does. The daughter found 1 roommate & the roommate pays rent to the daughter & the daughter uses that money to send to the owner. The roommate has lived there for 13 months & there was a verbal contract only. A relative of the owner & daughter would like to rent that same room, so can the owner evict the roommate so that the relative can rent that room? (The owner would refund the deposit & refund any money that the roommate put into painting that room as well as offer 2-3 months notice to leave)?

      • Sandy McCarthy July 8, 2017 at 3:28 am - Reply

        Sorry as reflected on our website, we do not provide legal advice.

    • Angela E. April 20, 2018 at 4:38 am - Reply

      I gave my ex gf a 30 day notice on 4/10/18 to move from my condo. She ripped it up and said she wasn’t leaving. She said we were stuck together. She continues to pay for food and shared bills like utilities. She’s never paid rent or on a lease. We agreed to share other bills when she moved in 8 months ago. I no longer want to date her for multiple reasons yet, she has her owns a condo back in Minnesota. What are my rights? Can I still issue a Summons? Can I get her out of my home? Am I stuck with her and her 2 children?

      • Sandy McCarthy April 23, 2018 at 11:45 pm - Reply

        Unfortunately when you start asking what your “rights” are, you need to talk to an attorney. We cannot give legal advice. Our role is only preparin legla documents but you need to know what legal process you want to utilize.

  2. Monique July 6, 2016 at 5:55 am - Reply

    How do I make sure the person has to leave. Roommate situation is miserable, he’s not on the lease and is insisting he has legal rights so I need to make sure I very carefully word this right and do every step necessary. I started by serving 30 day notice.

    • Sandy McCarthy July 6, 2016 at 4:18 pm - Reply

      The process of evicting a roommate or tenant is very exacting. It is not something I would recommend tackling on your own because evicting a roommate can be tricky. I would suggest that you have professional legal help either through a service such as ours or an attorney. It would be unfortunate for you to try and do this on your own only to have your case thrown out because you did not follow the proper procedures.

  3. Danielle July 21, 2016 at 2:40 am - Reply

    I have a emotionally unstable boyfriend who refuses to leave what should I do? He is not on the lease and is technically residing here illegally because I live in modern income housing.

    • Sandy McCarthy July 22, 2016 at 2:14 pm - Reply

      Depending on how long he has been there, you will probably have to file formal eviction proceedings against him. If he is violent, you may be able to get a restraining order which would be a much faster process.

  4. Steven August 4, 2016 at 4:41 am - Reply

    We are renting a rooms from a “friend” the agreement was set she random decided to apply for a job in a different state we agreed that rent be full what her mortgage is, which wasn’t a big deal, now she’s stating that it’s going to be 300 more than her mortgage because in her words she can get someone to pay that amount. She stated that if we don’t agree with the terms she’s going to give us a 30 day notice. We pay the agreed amount when asked, how can we extend this process?

    • Sandy McCarthy August 4, 2016 at 6:40 pm - Reply

      There are rules and procedures that a landlord must follow to terminate a renter’s tenancy. For example, if a landlord and tenant have a month-to-month verbal agreement and the tenancy has been less than a year, often a landlord can simply provide 30 days notice of their desire to terminate the tenancy. Rental increases usually require similar notification. Obviously if you do not agree with a change in the rental terms, and you have a month-to-month tenancy, you may want to move out. If the landlord does push this issue, they will have to file formal eviction proceedings against you. Although this will certainly delay the process, it also may hurt your credit record.

    • Beverley WaterburyHome he October 17, 2016 at 8:53 am - Reply

      I own the home ..I rented to a man with a daughter because I fel sorry for him and worried a bout the daughter..in July 2015 police at my front door..he was bring arrested for domestic abuse…left his daughter asking me to take care of her till he was released …he came back but daughter left to live with step sister ..I found out from daughter he did abuse his girlfriend broke her arm…he came back out of work because of detention …he’s stopped paying rent long ago ..excuses ect. My husband died unexpectedly from massive heart attack in may …I cannot get this man to pay anything…I am to mentally drained to deal with anything …he’s working keeps giving me excuses Ivan afraid of confronting him …he’s on probation attending anger management. I am afraid of him so I keep my distance ..he owes me over 7k…I am a senior a widow and not thinking to straight ..he needs to get out of my home what can I do ..being nice isn’t working…

  5. Courtney August 5, 2016 at 4:33 am - Reply

    So what if my boyfriend owns the house and he rented out a room to an old friend who now has became a real issue in the home. We are both uncomfortable and he steals from us and goes into our rooms when we’re gone. He smokes in our home and I am pregnant and we’ve asked him many times to stop but he don’t. He’s lived here for 11 months. He has created nuisance with both me and multiple neighbors. Is there any way we can get him out sooner for these things? He’s thrashed his room and damaged multiple things in the house. There’s no lease

    • Sandy McCarthy August 6, 2016 at 5:05 pm - Reply

      If he is a nuisance, you might want to serve him with a nuisance 3 day notice. However if he does not move out, you probably will have to proceed with formal eviction proceedings. Consult an attorney if you are not sure of your rights and remedies. Other clients in this situation have paid the tenant money to move out but you would want to make sure you exchange keys for money. If you need to proceed with an eviction process, we can help you with the documentation. You might also want to read this article.

  6. Bobby August 8, 2016 at 4:31 am - Reply

    What if Im living with my mother and there was no verbal agreement on a set amount of rent. She invited me to live here for free and its been over 2 years? Im not on the actual lease agreement with the apartments. Can she evict me?

    • Sandy McCarthy August 8, 2016 at 4:37 am - Reply

      Yes, even a mother can evict her son if they go through the legal process. You may want to consider moving willingly and save your relationship.

      • Marvin January 28, 2018 at 12:54 am - Reply

        What happens when you’re renting from a couple and now they have to sell the house due to their divorce,been there 3 years

        • Sandy McCarthy February 4, 2018 at 12:39 am - Reply

          Month-to-month tenancies are just that, month-to-month. Tenancies that are over a year typically have a longer notice of termination requirement than shorter tenancies so they should be providing you with required legal termination notice. Maybe your landlord will be selling to an investor and you won’t have to move out. I would try to keep the lines of communication open with your landlord so that if you do have to move, you will be able to make the necessary preparations. If you find a new place to move, you may put yourself in the driver’s seat and give your landlord notification that you are moving.

  7. Dave Carlin August 13, 2016 at 2:50 am - Reply

    Ok, my daughter rented a house from me and later moved in her boyfriend. He’s been there more than two years.. He was arrested for domestic violence, brandishing a firearm and child endangerment. He still in jail with a three year restraining order.
    I want to sell the house and get rid of his stuff.. No idea how long he will be in jail.. I found out he punched holes in walls and two doors.
    What steps do I need to take in California to do this ?

    • Sandy McCarthy August 13, 2016 at 12:43 pm - Reply

      The restraining order probably addresses the issue of him not be allowed on the premises. If he has personal things there, however, you probably have a responsibility to send him a notice regarding your intention to store or destroy his personal items. Usually if the property is worth less than $300 you can send a notice of abandonment of the property and follow the procedures established under California law to get rid of the property. Contact us if you require assistance preparing the forms or check with an attorney for your specific legal rights.

  8. Rebecca August 13, 2016 at 5:33 pm - Reply

    I am on a lease for an apartment and are renting a room to a couple who are not on the lease. They owe me a months rent (from June) In which they only paid back $100. Ive noted some minor damage to their room and also drug paraphernalia. I’ve been very lenient towards them thus far but they continually break the rules of the lease I signed. I wrote them a 30 day notice and even offered to excuse what they owe but they aren’t leaving. What kind of steps do I need to take to move forward in evicting them? They have become a very big problem to myself, as well as my boyfriend who is away on military deployment. I just want them out so I can live in peace.

    • Sandy McCarthy August 13, 2016 at 7:53 pm - Reply

      Unfortunately it sounds like you will need to proceed with formal court eviction proceedings. Please contact us if you need assistance with the paperwork.

  9. Noelle August 18, 2016 at 8:48 pm - Reply

    I moved in with my boyfriend into the house that he ownes, 8 months ago with my four children. We have one baby together. I have been unable to work due to pregnancy and now having a baby under a year old. We had agreed that I would move in and stay as long as I had wished. He now wants to go our own ways (while I still would like to work things out. Sometimes it just takes a week to get through the rough patches). He is telling me he wants me to leave because he wants his peace and quiet. My questions are: What rights do I have as a tenant? Can he evict me even if there is no agreement being broken? The housing was sort of in place of him paying child support (which would be well over the amount I would be paying to rent an apartment).

    • Sandy McCarthy August 19, 2016 at 7:21 am - Reply

      We are not attorneys so we cannot give you legal advice. However basically a person cannot remove/evict a roommate without going through a normal legal eviction process. This involves giving a termination notice and then filing court paperwork . You may consider contacting us to prepare paternity documents and a motion for custody and visitation and child support so that hearing can be set regarding those issues. That will hopefully give you an order in place by the time you are required to move out. Obviously if there is any physical violence, you probably should protect you and your children’s safety and leave the residence right away. You can reach us at 800-747-2780 ext 0.

  10. Penny August 19, 2016 at 4:06 am - Reply

    I’ve supported my inlaws for 17 years. They are causing a strain in my marriage. My husband is a recovering alcoholic his father drinks everyday. How can I evict my inlaws? To save my husband and marriage.

    • Sandy McCarthy August 19, 2016 at 7:27 am - Reply

      California has a legal eviction process that is required to be followed to evict any tenant. Generally speaking, the first thing in the eviction process is providing the tenant formal notice that their tenancy is being terminated. Once the termination period has expired a landlord can proceed with the court proceedings. You may want to sit down with them and see if they would be willing to move without having to sue them. Let us know if you need help with the paperwork. Contact an attorney if you need legal advice.

  11. Penny August 19, 2016 at 3:26 pm - Reply

    Thank you. Is there a number I can call. I have already told them to move out this was 6 months ago I don’t see them doing anything. They are trying to get us give them money so they can move out.which I refuse. I didn’t want to go through a lawyer but at this point I don’t have a choice.

    • Sandy McCarthy August 19, 2016 at 3:33 pm - Reply

      Yes our number is 800-747-2780 ext 0. The legal process may end up costing you just under $1000 so you might consider giving them money to move if they will accept less than that. At least start with the mandated notice which we can for $100. You may be lucky if they see you are serious.

  12. Taja August 20, 2016 at 12:55 am - Reply

    I have a contract with my ex roommate to pay me back weekly for July’s rent. The contract stated that once he paid me back we can rearrange for him to get his stuf, but he broke the contract 2 weeks go when he didnt pay.

    Ive been trying to contact him through all sorts of communication outlets but he isnt responding. . Legally what can I do with his belongings if he already broke the contract?.

    • Sandy McCarthy August 21, 2016 at 8:24 pm - Reply

      To be safe, if I were in this situation, I would follow the statutory legal notice requirements when a former tenant leaves property. Please let us know if you need help with the required notice paperwork.

  13. Alisha A Bodwell August 23, 2016 at 3:57 pm - Reply

    So my boyfriend and now ex girlfriend, bought a home together, she kicked him out and then shortly after met me. She stayed in the home for about 5 months after the break up and exited to move out because she couldn’t afford the home, boy friend moved back in and about 4 months later I move in with my boyfriend in the home. The ex girlfriend is spiteful and even tho she kicked him out blames me and is retaliating on me now that we are living together saying she’s going to evict me. She has been out of the home and in her own apartment for about 6 months. Is she legally able to do that out of revenge or since I’ve been living here now for 2-3 months what rights do I and my boyfriend have?

    • Sandy McCarthy August 24, 2016 at 10:52 am - Reply

      A landlord typically has the right to terminate a tenancy and remove tenants with 30 or 60 days legal notice under California law if there is no lease. Unfortunately month-to-month tenancies allow this. Obviously the landlord would have to formally terminate the tenancy and then if the tenant does not move, they can file formal eviction proceedings. This is general eviction information and should not be considered legal advice. Contact an attorney if you need legal
      advice.

  14. Nancy August 27, 2016 at 9:53 pm - Reply

    I have had agreement with my curent landlord for the the past 6years and several different roommates. I’ve had my current roommate now for 3 years and for the past 5 months or so he has consistently payed the rent late, often by a few weeks. My girlfriend recently moved in and we decided we were ready to start a family and have the place to ourselves. I wrote him an email expressing that it was a 30days notice. He responded and acknowledged my email in a text message saying he would figure out where he was going to live and be out around the 26th of the month in question. Now its the end of the month and he he told us today he will not be leaving he has the legal right to stay even though he acknowledged (in writing) that he would leave. How do I proceed with the eviction now?

    • Sandy McCarthy August 28, 2016 at 10:14 am - Reply

      If your preliminary note was properly served you will unfortunately have to proceed with the court eviction proceedings. Please contact us for help with the paperwork at 800-747-2780.

    • Sandy McCarthy August 28, 2016 at 10:16 am - Reply

      If you have properly prepared and served a 30 day notice to terminate tenancy, you will now have to proceed with the court filing of an unlawful detainer proceeding. please call us at 800-747-2780 for assistance with the paperwork.

  15. Amber August 28, 2016 at 1:33 am - Reply

    I moved in with mother at the end of June 2016 and paid rent to her for the month of July. She invited myself and kids to live with her. However, she decided that it would be easier for her to live with another relative. She said the kids and I could keep the place and submitied a 30 day notice to move out to her landlord. Now that she has moved out she says that the landlord already leased the place to someone else. That let me know own that she never followed thru with speaking with the landlord at all. Now the kids and I havery nowhere to go. Can the landlord change the locks? Can the police put me out for tresspassing? I receive mail here but no utilities are in my name. Please help with what my options are. If I leave to go to work and return to changed locks what can I do?

    • Sandy McCarthy August 28, 2016 at 10:56 am - Reply

      Every state is different so you will need to check your state laws. In California, I believe the landlord will still have to file formal court proceedings to have you removed from the premises if you live there.This process will usually give you an additional month or so if you respond to the Complaint. This reply is general and not to be considered legal advice.

  16. dave clark August 30, 2016 at 4:40 am - Reply

    I let some one stay free in my home for several years. She took up two rooms, never helped with the $3000mo rent or bills. She then let her daughter stay. Soon after that her daughter let her lover and pitbull dog move in. They ran utilities up to about $700mo. Finally after another year or so I was able to get them to move because of physical assaults and several police visits, She had taken her clothes, bed and some personal belongings. So after 3 monthes i called her and told her I could not store her belongings any more. She agreed to come get them. She has now refused to move her stuff and has locked herself in room and will not leave. She has made life for me and my other roommate a living hell. We called police and they said she was still able to live here!!! This can not correct. HOW CAN YOU MOVE OUT FOR MONTHS AND THEN LEGALLY COME BACK? What’s next, the daughter,girlfriend, and pitbull? Please help I dont have any money left and am afraid my good, paying roomate is leaving

    • Sandy McCarthy August 30, 2016 at 8:41 am - Reply

      We are not attorneys so I cannot comment on her legal basis for staying. You probably should not have let her back in, changed the lock and packed up her stuff for pickup. Unfortunately if she is back, now you will probably have to go through the formal court eviction process. I would get the process started right away!

  17. Marina P September 1, 2016 at 5:02 am - Reply

    Hi, I am an older woman, with a heart condition. A few months ago I hired a helper to come help me two to three times a week doing some housekeeping chores since I can’t do them anymore. For a few weeks, the arrangement seemed to be working well, until the day this woman moved into the spare room and put a lock and key on it. Since she moved in, my life had a drastic change. I had no more privacy, she work less and less taking care of the house chores but demanded money as she did her job. Pretty soon she is pressuring me to give her more money. I have been in and out of the hospital, every time I got back home I felt more and more pressure by this person that has taken over my home. To top it all, this woman moved in her 20 year old granddaughter. I feel so bad to the point of considering committing suicide, for what I ended up staying for a couple of weeks in a psych ward under psychological evaluation, to be released into a boarding home. I feel terrible, this person has taken over my property, she even changed the front lock, and now even if I wanted to go back home, I could not get in. What can I do? There was never a lease, or rent agreement. I feel misplaced from my own home. Help me please

    • Sandy McCarthy September 1, 2016 at 7:26 am - Reply

      Marina – this sounds like a horrible nightmare! I would first call the police and then contact your county’s elder abuse department. They may be able to help you on their end. If you provide the county where you live, I can perhaps look up a contact number for you for the elder abuse department.

  18. Monique September 1, 2016 at 5:13 pm - Reply

    Hi. I’ve been living with my boyfriend for the last 4 years. He’s not on the lease though, nothing is in his name, and he doesn’t get mail (he uses a PO box). We recently got into an altercation and I want him out. He’s refusing to leave though. I’m trying to see what my options are w/o involving the police ie. restraining orders, etc. He said I can evict him but that would take months and he can still appeal to drag it out longer. Since we’ve been there over a year, I can only serve with a 60 day notice?

    • Sandy McCarthy September 1, 2016 at 5:24 pm - Reply

      Unfortunately unwanted tenants can drag out the process using creative legal tactics. We are not attorneys and cannot give you legal advice but if you feel you are in danger you may have cause for a restraining order. Otherwise, the sooner you start eviction steps the faster you may be able to get him out. Let us know if you need help with the documentation.

  19. Kimberly Sparn September 1, 2016 at 6:01 pm - Reply

    Help I have lived at this house for five years I also worked for the family bring a caretaker for their mom 6 days a week 24 hour days we’ll they put her into a home and told me I had to move out mind you I have no money no car or phone I went to see my kids came back they changed the locks moved all my stuff in boxes on the driveway can they just do this I was gone two days

    • Sandy McCarthy September 1, 2016 at 6:04 pm - Reply

      We are not attorneys and cannot advise you. You may want to contact a lawyer to get some advice as to what your legal rights and remedies are in this particular situation.

  20. Amy September 6, 2016 at 4:39 pm - Reply

    I own my home. I have a roommate i rent to that has lived here 6 months. He has become a severe alcoholic. He falls in the house, he runs into the screen, he leaves the door open for my dogs to escape and he is stealing my alcohol and beer, that would normally sit in my fridge for a very long time. I’m also afraid of finding him unresponsive in his room or at the bottom of my stair case. I’m not sure how to kick him out. I’ve said nothing to him other than he needs to slow his drinking down.

    • Sandy McCarthy September 7, 2016 at 3:56 pm - Reply

      It sounds like you will need to start formal eviction proceedings against your roommate in order to get a court order to remove him from the property as well as terminate the tenancy. Eviction proceedings is an exacting legal process and so you want to make sure it is done right the first time. Otherwise, you case could get thrown out and you would have to start over. Obviously, talk to an attorney if you need legal advice. Our office can help you with preparing all of the required paperwork to get this proceeding started quickly. Please give us a call at 800-747-2780.

  21. sarah September 9, 2016 at 7:01 pm - Reply

    Hi,
    I leased an apartment around 2 months ago in Los Angeles but I received a job offer in San diego right after it.
    I wanted to avoid breaking the lease. A few days later I met a women in the same building whose lease was ending soon. As we discussed she said that she would love to move into my apartment and said that putting her name on the lease would not be difficult as she already rented before.
    I moved my stuff out and received a $500 dollar as a deposit together with a copy of her ID. She was supposed to go to the leasing office the next and send me the rest of the amount we agreed on. Unfortunately she never did. She refused to pay and stopped answering my phone calls.
    I asked her to leave the apartment as I decided to give a 30 days notice to the management since she would not pay or add her name on the lease.
    I used my keys to access the apartment as she refused to open the door. My goal was to explain to her that she had to leave as I broke the lease but instead, she started laughing and threatening me. She claimed that it was her right to stay in the apartment and that I should leave before she would call the police. She clearly explained that she knew what she was doing and that I should get a lawyer and kept laughing.
    She did spend more than 30 days in the apartment but she never paid for it and does not have her name on the lease.
    Do I actually have the right to be inside my apartment ?
    I am supposed to leave the apartment in less than 20 days but she refuses to go. I have not mentioned the situation yet to the leasing office. Would it be an eviction ? Would it be under my name or hers ?
    Thank you !!

    • Sandy McCarthy September 10, 2016 at 3:18 am - Reply

      I think you need to speak to an attorney regarding your situation. We are not in a position to assess your legal rights and remedies as that would be practicing law without a license. You do have an interesting but convoluted set of circumstances and I would be interested in hearing how this turns out. Good luck!

  22. Kenneth September 10, 2016 at 11:34 pm - Reply

    Help! Basically…she and I both signed a month-to-month lease in mid-June. In mid-July she gave management a 30 Day Notice to Vacate, effect September 1. They accepted it. She physically vacated the same day (mid-July). She took all of her personal items then, but did leave behind some furniture which she could not move, but planned (and tried) unsuccessfully to sell. September 1 came and it is my understanding that the lease is solely mine.

    She returned to the apartment 2 days ago. I do not want her there.

    In mid-July, management verified to me that she had submitted and they had accepted her notice to vacate. Now management is saying that a days later (mid-July) unbeknownst to me, she left a letter at the office asking to be put back on the lease. I did not agree to re-add her to the lease.
    If I understand the law in this case, because she tendered and they accepted her notice to vacate, she can not be added back to the lease without my permission. She is now trespassing.
    When she returned, I went straight to the manager and was told, in essence, that there were going to honor her second “put me back on” letter.
    Q: Is she trespassing?
    Q: Shall i file a trespassing letter with management
    Q: Shall I call the police because she is trespassing?
    Q: Can I call the police and change the locks?

    • Sandy McCarthy September 11, 2016 at 12:54 am - Reply

      You are truly in a very difficult situation but unfortunately we are not in a position to answer your questions as that would be giving legal advice which is unlawful as we are not attorneys. I would strongly encourage you to make an appointment with an attorney to see what your legal rights are. If you don’t know what attorney to call, contact your local Bar Association and they usually have a referral program with attorneys for a low-cost initial consultation. Make sure you are fully prepared with all of your questions before you go in so you get the most “bang for your buck” when you meet the attorney. Good luck!

  23. Marilyn ancheta September 15, 2016 at 4:34 am - Reply

    My boyfriend moved in and has been here less than a year. He has caused so much stress and is careless around my home. He is not on the lease. I have asked him several times to quit smoking and doing drugs in the house. I work two jobs and he does not seem to retain a job.
    I have asked him several times to leave and he refuses because he has no where to go. His mother was recently evicted due to non payments. He gets violent and verballly abuse when he drinks. Do I have cause to evict him? Neighbors can attest to his violent nature.

    • Sandy McCarthy September 16, 2016 at 3:00 am - Reply

      We cannot advise you but if there is physical violence you might be able to consider attempting to get a restraining order. You need to be able to identify specific multiple incidents of violence that has affected your safety.

  24. Richard Laughery September 15, 2016 at 8:33 pm - Reply

    I know I need to serve a proper 30 day notice but I have Co tenant not on the lease actually my daughter’s mother… can I move her stuff out of my spare room and have a separate lease signed my new roommate to have them move in

    • Sandy McCarthy September 16, 2016 at 2:40 am - Reply

      I am sorry. I don’t u set stand your question but either way, we cannot give you legal advice. We only prepare legal paperwork.

  25. Cindy September 17, 2016 at 6:09 pm - Reply

    How do I start my roommate is very agresive and I asked him to move out and he said no that j need court order to move out and that he was not going to move out until I served him with paper work from court

    • Sandy McCarthy September 18, 2016 at 1:45 am - Reply

      Unfortunately there are typically only a few choices to get a roommate evicted or removed from premises. Obviously if someone is dangerous and violent, you may be able to seek a restraining order. Otherwise you will probably have to go through formal eviction proceedings. Check with an attorney if you need legal advice. If you simply need low-cost legal document preparation, give us a call at 800-747-2780.

  26. sandra September 17, 2016 at 8:29 pm - Reply

    My roommates have been a nuisance since day one. Noisy after midnight leaving a mess everywhere i asked them to leave by the 30 of this month they agreed. Should i get them to sign an agreement to move by the 30?

    • Sandy McCarthy September 18, 2016 at 1:49 am - Reply

      Having someone sign an agreement that they are moving out will probably not necessarily make that a reality. You may want to consider formally terminating their tenancy as a backup plan in case they don’t move out. Talk to an attorney to explore all your options. If you just need the legal documents prepared, we can certainly help!

  27. Melissa September 30, 2016 at 8:34 pm - Reply

    This article is very informative and has given me a decent understanding of the situation. Do you have a good resource for affordable lawyers who can help with a sticky sub-tenant situation in San Diego? I do not want to be taken advantage of by different law offices that aren’t going to handle this properly, but need help.

    • Sandy McCarthy October 9, 2016 at 3:06 pm - Reply

      I would suggest you contact the local San Diego Bar Association for a referral.

  28. Josh Gibson October 9, 2016 at 5:10 am - Reply

    Hello,

    I’ve been a tenant at my residence for four years. My co-tenants have been here for two years. We all have always made rental payments directly to the landlord.

    6 months ago, we changed the utilities from my name over to my co-tenants name because I financially fell behind and no longer wanted to continue paying them under my name.

    Last week, my co-tenants went behind my back and paid the entire rent in full including my portion, and told me that I can no longer make my rent checks payable to the building landlord and that I need to start making checks payable to them. They are alleging that when we changed the utilities 6 months ago, in order to make the change they had to prove to the utility company that I was no longer on the rental agreement. Out of necessity, they had to remove me from the rental agreement and create a new verbal sub-tenant relationship.

    My rent checks have always been made payable to the building landlord. I have never authorized anybody to remove me from the rental agreement. I have never paid my co-tenants directly in the past. I told them if they went behind my back and paid the rent in full, that is not my fault and I do not feel comfortable making any payments to them.

    1. Is it legal for them to remove my name from the rental agreement? They are alleging that the landlord created the new agreement, and that he verbally consented to them subletting to me, but every time I’ve brought up this issue with him recently he simply tells me he doesn’t want to be involved in our issues.

    2. If I’ve been making checks payable to the building landlord all this time, and have bank statements proving that, wouldn’t that imply that I’ve never been in an sublease agreement?

    I think my room mates do want me here anymore and are trying to create a cause to legally evict me but I believe they have zero authorization to do that. Only the building landlord should have that authority.

    • Sandy McCarthy October 9, 2016 at 3:05 pm - Reply

      Unfortunately you are asking for legal advice. We are not attorneys and cannot give you advice. I would suggest you contact an eviction attorney.

    • Gigi M October 21, 2016 at 8:54 am - Reply

      Hi I’m 27 and I live with my parents in a two bedroom apartment in San Carlos,Ca. I pay rent month to month and have been leaving with them for over 3year, does this make me a tenant; stopping my dad from trying to kick me out without probable cause?

      • Sandy McCarthy October 21, 2016 at 11:33 pm - Reply

        All landlords are required to go through a legal process to evict a tenant. Month-to-month tenancies can usually be terminated at will with 30 days notice. You may want to get legal advice from an attorney if they try to remove you without going through the legal process.

  29. Mariam October 10, 2016 at 6:30 pm - Reply

    Hi, I am a guarantor and lease holder of a house that I rented for my daughter. Four other girls are leasing their rooms from us. After two months, there are already lots of problems with one girl! She has established her self as the one in charge and is making life very difficult for my daughter and the other two. She complains so much that the management company that is taking care of this rental has asked us to tell her never to call or email anyone in their office I am wondering if I can offer her one months rent and ask her to move out! What are my options?

    • Sandy McCarthy October 13, 2016 at 3:44 am - Reply

      Often landlords offer money to unwanted tenants to entice someone to move and avoid the legal process and expense of eviction. You just want to make sure you exchange keys for cash.

  30. Gigi M October 21, 2016 at 8:56 am - Reply

    Hi I’m 27 and I live with my parents in a two bedroom apartment in San Carlos,Ca. I pay rent month to month and have been leaving with them for over 3year, does this make me a tenant; stopping my dad from trying to kick me out without probable cause?

    • Sandy McCarthy October 21, 2016 at 11:34 pm - Reply

      All landlords are required to go through a legal process to evict a tenant. Month-to-month tenancies can usually be terminated at will with 30 days notice. You may want to get legal advice from an attorney if they try to remove you without going through the legal process.

  31. jess October 21, 2016 at 8:44 pm - Reply

    so , im on a lease with my current roomates and they have decided to kick me out. my husband left me with 2 kids no job and no income or support. they said they would help me out but with no childcare i cant get a job. but they are still kicking me out. they wrote a note saying i have a month to leave. but i havnt got one from the apparment maneger. i am days away from the leave date, but still have no where to go. what are my rights and what is the right way to go about it?

    • Sandy McCarthy October 21, 2016 at 11:35 pm - Reply

      We are not attorneys and as such, cannot advise you of your rights. However, all landlords are required to go through a legal process to evict a tenant. Month-to-month tenancies can usually be terminated at will with 30 days notice. You may want to get legal advice from an attorney if they try to remove you without going through the legal process.

  32. Erin November 15, 2016 at 8:09 am - Reply

    My ex and I have a home together. He is no longer sleeping at home and refuses to pay any bills, but thinks it’s okay to come and go as he pleases. This situation has been going on for about 4 montns. Our lease was up in February 2016 and we never signed anything after that. I need to completely have him removed from the home due to emotional abuse towards not only myself, but our 4 year old son. I want to seek legal help but I honestly can’t afford it. I just need to know what my first step should be so I can get the ball rolling.

    • Sandy McCarthy November 17, 2016 at 4:15 pm - Reply

      You don’t indicate if you are married or not. You can probably accomplish two things at once by filing either a paternity petition and motion (if you were not married) or a divorce and motion (if you were married.) We can help you with both matters. Please give the office at call at 800-747-2780. The motion will allow you to seek orders regarding your child (custody, visitation and support) PLUS having the court address your exclusive right to live at your home. Let us know if we can help you.

  33. Velvet Perry-Teslovich November 26, 2016 at 6:03 am - Reply

    I currently have a roommate whom I’ve asked to leave back in the middle of October of 2016. I gave them November 2016 free to help out. She is telling me she can’t move out until the end of the year. I need them out now, I pay for everything and they are paying for nothing. What are my rights as a homeowner. I can’t afford to let them continue another month of freeloading
    Help

    • Sandy McCarthy November 28, 2016 at 2:40 am - Reply

      Unfortunately the typical option to remove an unwanted person is by providing a preliminary notice and then filing an unlawful detainer complaint. You may want to get some legal advice. If you do want to file an unlawful detainer proceeding against your unwanted tenant, give us a call.

  34. John November 26, 2016 at 10:07 am - Reply

    I’m renting a room from a person on Craigslist. Been here 8 months now they don’t get things fixed in the apartment when stuff breaks. Do I have a right to call the landlord to come fix the things? Also this roommate allows his ex gf to stay here rent free but she tries to control everything I do so there’s conflicting issues. Like her sleeping in the couch. If I want to get up in the middle of the night and fix food I have every right to yes?

    • Sandy McCarthy November 28, 2016 at 2:42 am - Reply

      If I were you I think I would look for other accommodations. Talk to a lawyer if you think you have legal rights that are being violated, however monthly renters often have little they can do in these types of situations.

  35. Nick December 1, 2016 at 12:27 am - Reply

    I was staying with a friend who owned a house. I was there on a month-to-month basis, with no contractual agreement. I had lived there over a year. There was a domestic issues, non-violent, “until my roomates bf threatened to assault me”. I was visiting my gf when my gf caused some issues between me and my friend. My payments were paid for the previous month, not in advance. I had paid in full for October. Since my belongings were in her house, she wanted me to pay rent for the month of November upfront or she was going to toss my belongings into the street. I verbally agreed to pay her a portion of the rent for November and then pay the rest at the end of this month, so that she wouldn’t toss my things out. She had said that her bf would put my head into the wall if he saw me. So, I literally moved out the day I flew back and was without a place to stay. I know she violated tenant laws since I wasn’t at least given some sort of formal notice. I verbally agreed to pay her $1000. I paid $500 upfront so that she wouldn’t remove my belongings. Our agreed rent amount was $850, plus whatever utilities were for the prior month. My portion of utilities averaged about $250. I was only in her house 6 days in the month of November before vacating. Since I vacated on the 6th, my rent for the month of November would be $165, meaning I paid $335 for utilities this month. My question is this, since I already paid $500 and for six days, rent should have only been $165, was threatened to have my belongings thrown out, and threatened to be physically assaulted by her bf, not given a legal notice or time to vacate, and our agreement was always verbal. Does she have legal recourse to collect any additional money from me?

    Thank You
    Nick

    • Sandy McCarthy December 3, 2016 at 1:42 am - Reply

      We cannot advise you whether she has any legal recourse to collect additional money from you. We are not attorneys and cannot offer legal advice. Our services are strictly limited to legal document preparation. We suggest you contact an attorney to get any legal advice you feel is necessary regarding this matter.

  36. Kerri Pettyjohn December 2, 2016 at 6:35 pm - Reply

    My boyfriend on the lease moved out and stopped paying. Can I evict him and Sue him even though he moved out? It’s not fair i pay and he can walk away with no eviction and make me pay

    • Sandy McCarthy December 3, 2016 at 1:45 am - Reply

      An eviction is filed to remove someone from premises. Since he apparently is already out of the premises, you may want to investigate possibly suing him if he is on the lease with you. I would speak to an attorney to see what your rights and remedies may be and then contact us to prepare the paperwork.

  37. Michelle Stark December 7, 2016 at 2:45 pm - Reply

    I own my own home in California and lived there with my fiancee and her 2 children. I broke my engagement, and need to sell the house because I got a job out of town. Out of concern for her kids, they still live in my home. What are the CA state laws for moving them out? Note: When I moved out, she started to pay rent (without a lease). I want o be mindful of the kids well being. We are not on speaking terms so that adds another issue.

    • Sandy McCarthy December 8, 2016 at 3:47 am - Reply

      We cannot advise you on California laws because we are not lawyers and cannot give you advice. However if you decide you need help preparing eviction paperwork and do not want to hire an attorney for the process, give us a call.

  38. Josh December 8, 2016 at 5:25 am - Reply

    I have an apt with my brother that both of our names are on the lease. He’s been refusing to pay rent for the past two months now but still claims that he can still live here and come and go as he pleases and keep his belongings here as if it’s a storage space. I want him out and off the lease, what are my options? Suggestions?

    • Sandy McCarthy December 8, 2016 at 3:36 pm - Reply

      I would speak to an attorney first to find out what your rights and remedies are. Once you have these answers call our office and we can help you with the paperwork.

  39. Sharon Rowe December 8, 2016 at 4:02 pm - Reply

    Granddaughter & her 3 toddlers rented a room from a person. Not on the lease but pays $500 per month on the 1st. She just paid & they gave her 3 days to move out. When she looked at the paper her name is no where on it. Just there names. The manager told her she had 3 days & she told him she gave her portion of rent to the other person like she always did. Been there 2 months. Need advice please Fullerton California

    • Sandy McCarthy December 15, 2016 at 1:46 pm - Reply

      She may have to file a small claims against the person she paid the rent to to get her money back. Obviously that person did not pay the rent. The landlord will ultimately file formal eviction paperwork which she could respond to however it does not sound like there is much she can do other than move and find another place to rent. She might want to get legal advice from an attorney.

  40. Tamara Scherl December 8, 2016 at 7:02 pm - Reply

    My roommates are breaking the lease several months early and now my boyfriend and I have no where to go . They said we have 30 days to get out . Is there anything we could do about this situation ? Stay longer ? Sublet the apartment ?

    • Sandy McCarthy December 15, 2016 at 1:48 pm - Reply

      Talk to your landlord to see what options you might have to continue with your lease. If the lease us broken early, the landlord will surely attempt to go after whomever signed the lease for the remainder owing.

  41. Justin December 23, 2016 at 5:31 pm - Reply

    I have roomates that are doing drugs and other illegal activity. I’m the owner of the home and want them gone fast. I am on probation and can’t have that issue in my home. Can I have them evicted for that and yes I informed them that I was on probation and no drugs or alcohol were allowed on proberty at all

    • Sandy McCarthy December 24, 2016 at 2:41 pm - Reply

      There is a special notice for that issue but you will have to go through the eviction process. You might also want to discuss this with your probation officer as well. They may be able to offer some other solutions.

  42. Chad December 24, 2016 at 12:01 pm - Reply

    Long story long. I bought a house for my daughter, ex, and I. I pay all of the bills and never had her on the mortgage. Also, All bills are in my name. After a night got of ugly fighting, I ask her to leave. My intent was not to kick her out but a request to seperate until we have cooled off. However, she took it as an eviction.

    She has of now been gone for 45 days. Those first 30 days, I called and texted her everyday wondering what was going on, because she hadnt been home for a few days and was not replying to any of my phone calls or text messages. She finally responds to an email i sent to an old email address of hers. Her response was that she has left for good an has been living in a new place. After I learns this, I changed my locks and placed her property in the garage until she can find time to pick them up . I changed the locks because I have proof of her stealing from me. She has fordged my personal checks to pay for her bills. I have also learned she has changed her address too.

    Its been over 45 dayd and she now wants her stuff back. I have told her that Wed/thurs are good times for me because those are ny days off. I have asked her to give me a 24 hour notice and which day she would like to come by.

    My questions are: Do I have to make myself available 24/7 to allow her to gather her property?She keeps trying to come over when Im at work. I do not want her in the house when I’m gone. Do I have to allow her in my house? And , since she changed her address, is that enough to prove she is no longer a tenant/cohabitant?

    Thank you in advance for any advice or help

    • Sandy McCarthy December 24, 2016 at 2:45 pm - Reply

      Without giving legal advice, I think your analysis of the situation is fair. if she moved out, then simply follow the requirement for noticing tenants about picking up their things as required under California law. That does not mean you have to be available at their whim. But I would make sure you properly follow the rules regarding tenant property left so she cannot come back on you.

  43. Christian January 10, 2017 at 12:44 am - Reply

    I need help can you please email me

    • Sandy McCarthy January 10, 2017 at 1:38 am - Reply

      You can reach our corporate office at any of the numbers below:
      Contact Telephone Numbers:
      Ventura: 805-648-5540
      Oxnard: 805-985-9588
      Simi/Thousand Oaks: 805-813-8046
      Santa Barbara: 805-617-3261
      San Fernando Valley: 818-518-1069

  44. Ashly January 11, 2017 at 2:52 pm - Reply

    I gave my roommate a 30 day notice and he is refusing to pay rent for the last month he is there, would a 3 day to pay form override the 30 day eviction or what should I do?
    Thanks!

    • Sandy McCarthy January 11, 2017 at 3:16 pm - Reply

      You could serve a 3 day notice for nonpayment of rent but then you would have to file an eviction if he is still there after the three days. Most likely you would not get a court order to get him out by the time he moves (assuming he is planning to move out within the next 30 days.) The costs may may not be justified to attempt that but it is up to you. You may want to just wait until he leaves and then file a small claims if he owes you money.

  45. Kat January 16, 2017 at 2:05 am - Reply

    Hello, I rented a room in my house and had subtenant sign rental agreement which expires March 31st. The agreement states she needs to surrender room at the end of the term. My mom needs to move in with me. Can I just give her a notice now that I am not renewing the agreement and that I need the room back by 3/31/17 or do I still need to give her a written notice?

    • Sandy McCarthy January 16, 2017 at 7:06 pm - Reply

      Please speak to an attorney for appropriate legal advice to review your rental agreement and give you direction about what type of notice you may need. If your roommate does not move, however, and you need to file formal eviction proceedings with the court, we can certainly help you with that paperwork.

  46. Stacey January 23, 2017 at 4:52 pm - Reply

    I have two children (19 and 20) I let still in the house while attending junior college. I’m planning to move to lower my monthly bills. They won’t move. Do I have to serve eviction notices to each of them? It looks like the eviction notices are 435.00 each.

    • Sandy McCarthy January 26, 2017 at 3:35 pm - Reply

      You would have to certainly serve them preliminary notices but may be able to get away with filing one formal civil eviction complaint, thus avoiding paying two court filing fees. I would check with an attorney to see what they say, but we could help you prepare the court paperwork.

  47. Bobby January 31, 2017 at 3:26 am - Reply

    I rented out a room in my apt and i found rotten food and the roomate brought roaches. The roomate is only here 1 or 2 times during the month. now they are refusing to move out before the new month since I’m holding the deposit. They also said they will not move out or pay rent until the deposit is returned. Can this be terms for a 3 day notice? Will I be able to charge them for the stuff left here

    • Sandy McCarthy January 31, 2017 at 4:25 am - Reply

      If they do not they pay the rent and rent is due, it would seem that you can give them a 3 day notice for failure to pay rent. Please contact us if you need help preparing this paperwork.

      • Bobby January 31, 2017 at 6:11 pm - Reply

        What about the issues for the security deposit? Am I in the right to hold it from them by them leaving rotten food and bringing roaches

        • Sandy McCarthy February 2, 2017 at 4:08 am - Reply

          We cannot give you legal advise. You may want to speak with an attorney regarding your responsibilities regarding the security deposit.

  48. Tee January 31, 2017 at 6:26 pm - Reply

    If iam a tenant can i serve a subtenant a 3 days notice to quit

    • Sandy McCarthy February 2, 2017 at 4:14 am - Reply

      The 3 day notice has several requirements for it to be valid. I would suggest you hire a document assistant such as our office to help you with this.

  49. Alice Quijano February 1, 2017 at 10:08 am - Reply

    My husband and I rent a house and are the only names on the lease. We rented a room to a couple about 10 months ago we have no contract what so ever with them they always pay rent with cash here’s the issue the girl is very vulgar and over the last 5 months has made life a nightmare. She does not work bath or do anything she sleeps all day and is up all night going in and out to smoke making so much noise flipping me off calling me names and other crazy stupid stuff. I find out that she is taking drugs over 500 oxycodone a month I found this out because she called the police to say someone had ripped her off. I watch my grandchildren every day and she is creating so much drama I need her out of the house. I have told her boyfriend that they have to leave if things do not change and they have only gotten worse. I will give then a 30 notice after I get the rent from them. Will I have to get this stamped by the police or anyone or can I just give them the notice . Should I mail it to them? Help.

    • Sandy McCarthy February 2, 2017 at 4:11 am - Reply

      There is specific protocol regarding the 39 day notice both with the content of the notice as well as the service of process. It may be advisable the hire someone experienced with these matters to help you so you get it correct. You can reach us at 800-747-2780.

  50. Sunny February 3, 2017 at 10:25 pm - Reply

    Hi! I currently own a small unit and am renting it out to theee individuals who each pay me directly. One tenent recently decided to move out and the other two tenants have found a replacement. I am charging much less than market rate and do not want to sign a lease with a new tenant. Can I chose not to? I’d like to increase rent to market rate, Bay Area makes that hard, can I do that now or do I have to wait until all three original tenants move out? How does that work if they are addeing tenants along the way? Thanks!

    • Sandy McCarthy February 4, 2017 at 4:57 am - Reply

      You probably should speak to an attorney and get legal advice about the specific steps you should take in thus matter.

  51. Lauren February 8, 2017 at 9:01 pm - Reply

    Hi there,
    I am currently working for an apartment leasing company, and I receive partial compensation to live at one of their properties in CA. With the CA rents, I am splitting a 2 bedroom/2 bath with 2 roommates. Because I work for the company, I am placed as head of household, but the landlord is the property manager. In this case, my 2 roommates are both leaseholders. I have had some issues with my roommates not paying utility bills and causing minor damage to the apartment (paint was damaged, and depreciation based on poor cleaning habits). I also have an issue as I have extended them part of the discount I receive from the company but they have not held their end of the agreement. Am I able to take away my discount?I verbally agreed to giving 3 months notice as a separate roommate agreement even though our lease is month to month. I will be getting married in 3 months and I will be needing them to move out. Will the three months notice, given in text message, hold up in court since we have not specified the form of contact for this separate verbal agreement? Does this verbal agreement jinx me that I have to give them 3 months instead of the required 30 days notice in writing? I would like to keep the apartment that I am in, and all changes to the lease must be mutual. Potentially keeping me from being able to add my husband if my roommate refuses to leave. Please help me! Thank you

    • Sandy McCarthy February 9, 2017 at 4:44 am - Reply

      Please follow up with our office per our telephone conversation after you run this situation by an attorney.

  52. Andy Reyes March 2, 2017 at 7:04 am - Reply

    I am renting a room in my home here in Los Angeles, California to a single man in his 40’s. the rental started towards the end of January of this year 2017. within a 2-3 days after living there, he has 1) changed the lock to the room he is renting without asking for ANY sort of permission and 2) he would leave urine all over the single restroom in my home without cleaning after himself (yes, disgusting!). Asking him why I changed the lock, the only response he gave was that he it is his room. No other response. With this happening, I verbally let him know that he has until the end of the month of February to move out. Now that it is March, he is still here and says that he is not leaving. Although I have been leaning towards having law enforcement come to my home and take him out of my home, I decided to approach this forum. What can I do? Desperately need advice asap.

    • Sandy McCarthy March 5, 2017 at 3:26 am - Reply

      This is not a forum. We are a legal document assistant that can help you with eviction paperwork if that is your intent. You can reach us at 800-747-2780.

  53. Andrea March 4, 2017 at 8:55 pm - Reply

    Hello,
    I’m renting a house with my father, my brother in law and myself on the lease. I allowed my older sister to move in with her teenage daughter and and 8 year old son. A month later she moved in the father of her children without my consent. In January, her and her daughter had a full blown argument with my younger pregnant sister who is also living with us (her husband is on on the lease) and threatened to beat her up. That night I talked to both of them and told my older sister it would be best for her to move out in April.

    In February she refused to pay rent because she said she would move out by the 14th. I said fine, when she told me it was already February 3rd and I didn’t have enough money to cover her half of the rent, so I called the landlord and told them I would have to pay rent late, they said fine but they will still have to give us a late fee and 3 day or quit notice.. The 14th came around I paid the rent and she did not pack and didn’t seem to be leaving so I questioned her and she said she is willing to move as long as there are no rules in the house and she would give me $400 for February, her share of the rent was $800. I said no, it’s best for her to leave because of the financial stress she caused me with my bills and the drama she has with my other sister, I’d rather her keep the $400 and use to to get into a new place. So I gave her another 2 weeks free. All of February free.

    Now it’s February 4th and she still has not packed, I paid rent on time but by having her and her family members living here, my utilities bills have sky rocketed.

    Since she is not on the lease at all…what can I do to get her out without putting myself and the rest of us that are on the lease in jeopardy with our landlord by trying to do an eviction?

    • Sandy McCarthy March 5, 2017 at 3:24 am - Reply

      Typically in these situations the landlord (you) would have to serve her with a 3 day notice for nonpayment of rent and then proceed with formal eviction proceedings. Call us for help with the paperwork.

  54. Sherri March 7, 2017 at 4:35 am - Reply

    At the invitation of his son and daughter-in-law, my 61 year old brother sold/packed up everything and moved from OK to CA. He put up a sizable deposit to rent a house for the three of them plus their 2 kids to live. He is named on the the lease with the two other adults. The daughter-in-law paid the monthly rent for the last 9 months while my brother cooked, took care of the grandkids, took them to school, etc. Last week the daughter-in-law became angry with my brother and told home him he was no longer welcome, had to move out, and demanded he leave the house immediately, all over a minor issue involving a clothes dryer. He is currently at my home in another state but needs to return to CA to retrieve his things. This has turned his life upside down, displaced him from his home, and left him in a dire financial situation. Can you please Provide some guidance on any recourse he may have or pwhere to seek assistance? Thank you

    • Sandy McCarthy March 29, 2017 at 2:50 am - Reply

      I would recommend he speak to an attorney as soon as possible.

  55. Livier Rodriguez April 5, 2017 at 6:26 pm - Reply

    What if roommate broke verbal agreement and in possession of drugs and vandalism. Plus both parent’s getting high in front of 1yr old? All under 3wks of moving in.

    • Sandy McCarthy April 12, 2017 at 3:19 am - Reply

      You may want to do some research about the various notices available to get a tenant out in this situation. We can certainly help you prepare the documentation.

  56. Kevin April 15, 2017 at 9:55 pm - Reply

    Hi, my wife and I have a lease with another couple. it is ending in a few months and we plan to move once our lease is up. If one or both of the individual decide to stay, what can we do to get our names off the lease? we are concerned that one of our roommates may refuse to sign the lease release.

    • Sandy McCarthy April 16, 2017 at 1:03 am - Reply

      Unfortunately you may be on the hook if the premises are not vacated since you are the ones that signed the lease document. Contact an attorney if you need legal advice. You may want to start proceedings to get the other people out early if you think they are not going to be cooperative.

  57. Chuck April 18, 2017 at 4:19 pm - Reply

    I own a home and rent a room on a month to month agreement. I want to serve a 30 day notice to vacate due to our desire to rent to someone other than current renter. I believe I am within my rights to do so, correct?

    • Sandy McCarthy April 19, 2017 at 2:55 am - Reply

      The type of notice is determined by how long the tenant has been living in the house. If you require specific direction regarding your particular situation I would suggest you contact an attorney for legal advice. Once you know how you want to proceed, we can certainly help you with the paperwork.

  58. Sara April 20, 2017 at 8:58 am - Reply

    I have been paying rent for an apartment with 3 other girls for 3 years now to attend the university. Which are B, A & E. I never had problems with any of them until B decided to move out because she graduated & had her sister C take her place. B is the main one under the lease & her dad is her consigner. B renewed the lease under her name so her sister C didn’t have to pay the deposit & sign new paperwork. A, E & myself didn’t have a problem with C moving in and taking her sisters place until we found out she was married & going to have her husband over. I, myself, share the room with her & spoke to her through text about not being okay with her husband staying over for almost the whole week (Wednesdays-Saturdays). She continues to have him over and she isn’t on the lease. This has been going on for a year now. I want to speak to the manager of the apartment complex about this situation because she keeps on having her husband over & she isn’t even on the lease but I want to have an idea of what will happen? Will she get evicted? Will A, E & myself get punished for letting C stay in her sisters place when she isn’t on the lease?

    • Sandy McCarthy April 22, 2017 at 2:47 pm - Reply

      Unfortunately there is no way to know what will happen when you speak to the manager until you actually do it. Texting is not a great way to communicate and it would seem that this situation should be able to be reasonably addressed by all roommates getting together and discussing the problem. If all else fails, you may want to contact the manager or the roommate’s father who cosigned to put some pressure on.

  59. Niki May 1, 2017 at 8:23 pm - Reply

    Tenant on lease has abandoned room and has not paid rent or bills in two months, he has also stated that it’s his apartment as well but he admits he isn’t going to pay a thing. My question is can I change the locks and move his property into the garage that we lease as well. (He has the garage remote for access to his property)

    • Sandy McCarthy May 2, 2017 at 4:18 am - Reply

      Unless you follow the proper legal procedures for removing a tenant, you may be putting yourself in a position of being sued by the tenant if you attempt to lock the tenant out or move their stuff. I would suggest contacting an attorney to get some advice of what you can and can’t do. Obviously if you want to file eviction proceedings we can help with the paperwork.

  60. Marylyn May 16, 2017 at 6:43 pm - Reply

    I am trying to evict my brother n law.. but both our names are on the original contract but we’ve have lived here for over 15 yrs so we have a month to month lease where we are renting. All original rent receipts are with my name only and he pays only $300 cash in hand a month to stay with us. We have never made a written agreement on this $300 deal, it was all just a verbal understanding. But, unfortunately he has become hard to live with. Verbally abusive and feels that since he pays rent that can do whatever whenever he wants and eats whatever we pay for and is starting to become scary to be around. We have asks him to leave nicely which then ended up him screaming in a rage threatening us. At this point since we are on a month to month leade, any bad movement he does can potentially get us all evicted. Please help.

    • Sandy McCarthy May 18, 2017 at 4:08 am - Reply

      I would talk to an attorney to get some advice and direction on what you can do and then contact us to prepare the paperwork.

  61. David May 16, 2017 at 8:21 pm - Reply

    So my buddy (who owns the house) and I got into an argument about his friends eating my kids food. He didn’t like what I had to say and no he’s kicking me out. He gave me a 30 day notice. On the notice it said how much I had pay by time I leave and that any damages that may come between now and then will have to be paid for. There is no explanation as to why he’s kicking me out. Basically I’m just curious if I can by myself more time to find another place. Oh and I did sign a contract but as of right now he hasn’t given me a copy of it. I’ve been there three months.

    • Sandy McCarthy May 18, 2017 at 4:10 am - Reply

      Typically short of a lease, a month-to-month tenancy usually requires just a 30 day notice to terminate the tenancy.

  62. Jenny May 16, 2017 at 11:29 pm - Reply

    I recently found out that one of my roommates is currently in rehab for heroine use. He and his girlfriend are on the lease and we have a signed roommate agreement between the three of us. I have already given him a warning within the first month for vaping in the apartment which was a violation of both documents. Illegal drug use is also obviously a violation. I don’t want him to come back after he is released. Do I have to give him 30 days if he committed a crime? Also, I only have the word of his girlfriend. Do I need more proof than that? Thank you for your time.

    • Sandy McCarthy May 18, 2017 at 4:11 am - Reply

      I would speak to an attorney to get sone direction regarding your legal remedies, then contact us to prepare the required paperwork.

  63. Davey May 19, 2017 at 12:34 am - Reply

    Hi Sandy. It is very nice of you to answer all of these questions. I hope that this has not already been asked and answered. My friend is a homeowner who has a new roommate. The guy was creeping me out so I ran a background check on him. He has felony convictions and misdemeanors for credit card fraud. They signed a 6 month lease. She had him served with a 30 day notice. We were told that she cannot use the criminal record as a reason for kicking him out, as that would be discrimination. He has violated numerous lease sections, such as smoking and failing to do anything to maintain the common areas, such as take out his trash, etc. Now that he has been served, he is a “model citizen”, cleaning the house, not getting and staying drunk all day every day (!) and has not smoked. If she has to file an UD, does she need reasons to give the judge as to why she terminated his tenancy? What does she need to do to make sure that she is covered. She is very, very uncomfortable, has to now lock up all of her belongings like wallet, cards, bills, etc, and I have advised her to have the USPS to hold her mail for pickup. Thank you for your helpo!

    • Sandy McCarthy May 19, 2017 at 4:36 am - Reply

      I am not sure how she can terminate a 6 month lease tenancy with a 30 day notice. She should probably speak to an attorney before spending money filing a UD.

  64. Misty Rodriguez May 24, 2017 at 1:31 am - Reply

    Hi my boyfriend and I rented a apartment from a friend of his it happens to be a low income unit. We have a written agreement stating that we paid her rent for exactly 2 months. Now she’s got a 14 day notice to pay or quit. We took the written agreement to the Manger in the office of the apartments they didn’t say what happens next. Pretty much she’s getting evicted but being that we’ve have a written agreement with her and not them. Do we have to move out to now? Or is it a whole longer process with her or them?

    • Sandy McCarthy May 24, 2017 at 3:55 am - Reply

      I have never heard of a 14 notice to pay or quit in California.

  65. William June 6, 2017 at 6:54 am - Reply

    I am subletting to a roommate that has now refused to pay rent for this month on the day it was due. His rent has been payed by the rest of our household. Could I remove his things from the room he lives in to allow another one of the tenants that payed for his rent to move in to his old room If I do not damage or steal his property but instead just move it to somewhere else in the household and allow him to live in the house for the remainder of the month. Also he has threatened me and got in my face in a violent manner before would I be able to file a restraining order under the circumstances of his behavior before, all though I had let it go at the time. with the consideration that I believe that he will refuse to act maturely of the situation and go amongst his violent ways.

    • Sandy McCarthy June 6, 2017 at 1:51 pm - Reply

      If you remove the tenant’s belongings from their rental space you may find yourself violating their legal rights and being sued. I would suggest you going through the proper legal eviction process. Call us at 800-747-2780 for help with the paperwork. It is important the legal process and paperwork for eviction is correct. Otherwise the court could dismiss your case and make you start all over.

  66. Mariana June 18, 2017 at 1:41 am - Reply

    Moved in with my son end of Dec 2015 up to May 29th 2017. He locked me out, changed locks and holding my belongings. Strong false accusations now leaving me with no where to go. Cursing he dont care. Paid rent and paid utilities to get back on after being shut off. Babysitting, cleaning house, cleaning their mess, feeding cat and dog, cleaning after pets droppings, had stuff in storage, he suggested bringing storage items to carport to end up in telling me to get my shit out. Moving my stuff to driveway, theres a truck i got so you can take your shit. I didnt since i had a day notice. So he changed locks and wont let me get belongings till he has time. His mother in law in front house house has keys to apartment but said he said not to let you in. What can i do? And is he in the right?

    • Sandy McCarthy July 8, 2017 at 3:17 am - Reply

      If you do not know what legal documents you want to have prepared, you’ll need to talk to an attorney first. An attorney can advise you with regards to your legal rights and give you some direction about what you can do. Once you know what paperwork you want to prepare, you can call our office at that time.

  67. Kelly Kittson June 19, 2017 at 10:20 pm - Reply

    I have a (unbeknownst at the time) roommate who is BiPolar and refuses to leave. I have a police report from an incident where he sat on me only 10 days of residing here. Law enforcement told me their “hands were tied” because he changed his postal address already..even though I have been here for ten years and felt threatened by him, unsafe. They didn’t do anything. I finally got him to sign a 30 day notice to vacate the premises. Will this be enough to get him out? I’m not comfortable in my own home… He hasn’t paid for the month…. He is paying me daily.. Advice??
    Concerned,
    Kelly Kittson

    • Sandy McCarthy July 8, 2017 at 3:15 am - Reply

      We cannot offer legal advice as we are not lawyers. Our role is simply preparing legal documents that have been selected by the client. If you do not know what those documents are that you would like to create we would be unable to help you.

  68. Michael June 21, 2017 at 7:33 am - Reply

    My roommate is not on a lease so she’s basically a subtenant. After the first two weeks i texted her i’m going to move out in like 1.5 month bcs i’m moving out of state. She’s usually not at the apartment when i’m home, that’s why i texted her, she texted me back saying it’s fine and that gave her enough time to move. It took her 1.5 month to pay her first month’s rent, and for this month she didn’t pay me and she made excuses like she needs money to pay the other place and all that. I told her that this is stressing my economy and i asked when she’s going to move, she said a month ago it will be in the middle of this month but until today she hasnt even start packing anything. She kept bringing unnecessary stuff to the apartment but she said she’s going to sell it, i thought in my mind that this doesnt look like anyone thats going to move. She said to me that she has the rights to 30 day notice but i already trxted her like more than a month ago that im moving out and she acknowledged it. Now i’m moving out on the 1st and i already told the management that im moving out in a month, i did that bcs my roommate already okay with it and i thought that the management required me to put at least one month notice. I kept asking her for rent but she kept saying next week and next week. It is already the 21st and she hasnt pay me anything for this month. I even gave her an incentive for my leave. I started moving all my stuff to my relative’s place in hope she will start packing too. I was thinking about just tell the management about it and i’m going to leave because i’m not cancelling my flight. Can you please help me i only have 11 days to move

    • Sandy McCarthy June 21, 2017 at 3:19 pm - Reply

      Unfortunately since we are not attorneys we cannot give you legal advice. You should speak to to the management and a lawyer. Good luck!

  69. Leslie July 7, 2017 at 8:00 pm - Reply

    My boyfriend and I have been living together for a year. He owns the home, (but wouldn’t have gotten it without my hard work…..I did all the paperwork, running around and dealing with the realtor and loan officer, who both threatened to drop him….but stayed on because of my blood, sweat and tears)
    Our agreement was that he would pay the mortgage and I would pay utilities. Thinking this an unfair arrangement, I offered to pay for groceries as well.
    After I had given up my rental, and we’d agreed that we would use my newer and nicer furniture, he reniged on the move day. Claiming he didn’t feel like moving it. I lost everything!! Just a few clothes and personal belongings came with me.
    About a week after we moved, his verbal abuse started. We are both in our late 50’s, and I am on SSDI with severe degenerative disk disease, which he was well aware of.
    He gets up and goes to work everyday, without complaint, but does nothing around the house. I am required to basically be his slave. He has even gone as far as deliberately making messes….dumping contents of boxes on the floor and “ordering” me to “clean that shit up”. Even though he knows I am limited as to what I can physically do. He refuses to do any type of housework, and is constantly threatening me, that he’ll kick me out, or telling me to “get the fuck out of his house”.
    Lately, he has been eating food that I have bought for myself, and when I say anything, I hear, that “you have to go”, and that he owns everything and I have to show him “respect”.
    I realize this is something I should get out of, but quite frankly, I have nowhere to go, and no money. I am on a fixed income, which all goes to household expenses, including helping to support his adult son, who has a very good paying job! I am required to pay for his food as well!!
    My boyfriend keeps bragging about how much money he’s saved, and has never been able to save that much before. This is because of ME, yet I have zero savings.
    His family has since told me that he sufferes PTSD from being in Iraq…..but I have also discovered that he did this very same thing to both his ex wives! They, however, due to their young ages, had parents to turn to for help, which I do not. I’m stuck….
    Can he kick me out. He claims its his house and if he says I have to go, there is nothing I can do.
    I have done some research, and discovered in California, I do have rights, and there is a process, which can get quite costly, to “evict” me.
    I’m also wondering, if with the ex wives testimony, (yes I found them both on FB and fro what different family members have finally revealed to me, I believe they would both testify on my behalf) if there is anything I can do, about his deliberate intent to ruin my life and “enslave” me, with the threat of homelessness?

    • Sandy McCarthy July 8, 2017 at 3:14 am - Reply

      It sounds like you clearly need legal advice. I would suggest you talk to an attorney to see what your rights are. Unfortunately we cannot offer you legal advice.

  70. Steve July 10, 2017 at 8:12 pm - Reply

    I left voluntarily but never received a written notice, I wonder if I have rights to move back if I’m still on the lease?

    • Sandy McCarthy July 12, 2017 at 2:21 am - Reply

      This is a “legal advice” question that you should ask an attorney.

  71. David Salazar July 17, 2017 at 4:23 am - Reply

    I have a question, my name is David and currently staying with my girlfriend at an apartment where she has a couple on the lease. One of the roomate is a women and don’t like my me for no reason and wants me out. I been staying here over 30 days and pay partial rent, and electric bill. I’m a future resident and need to stay here for 3 more weeks before we get our own place at the same apartment complex. The managers agree it’s okay, but the roommates called the cops on me saying I was “traspassing.” What can I do so I can stay her and also we’re taking the roomate for court because they moved in without paying deposit and half a rent not paid.

    • Sandy McCarthy August 2, 2017 at 11:28 pm - Reply

      Speak to an attorney regarding your legal rights in this matter.

  72. Melissa Serrano July 19, 2017 at 5:48 pm - Reply

    Hello Sandy,

    Please advise me on the following:

    I found this 3 bedroom apartment 2 years ago. Last year in June 2016 when the 1st lease was over one of the girls moved out. A “friend” moved in to replace her and we signed a new lease with the new girl on it.
    I am the head person on the lease, I pay the rent, the other two girl pay me, they are on the lease, but i deal with the landlord for anything.
    Unfortunately the new girl and i have had some very bad disagreements, the tension in the house is so terrible and I hate coming home because her energy is just horrible. She is a mean person and i am a firm believer that your home should be a peaceful one.
    Now our lease just ended and we are going month to month now until we renew it.
    I dont want to renew the lease with her. I would like to ask her to move out but i need help knowing what is legal and what is not. Can I legally ask her to move? Ive been there the longest, i found the place, i am the head on the lease and pay the rent with my checks. What can I do? PLEASE HELP!

    • Sandy McCarthy July 20, 2017 at 2:35 am - Reply

      Unfortunately we are not attorneys and cannot provide you with legal advice.

  73. Brittany Souhrada July 24, 2017 at 5:29 pm - Reply

    Me and my boyfriend live with a lady and her son they took us in never asked for rent but that we buy our own food we have lived here for almost 2 years now we get mail here also. She taped a 3 day notice on the garage and after 3 days served us with an unlawful detainer. She has had the door locked so we cant use the restroiom we cant make anything to eat and she has attacked my boyfriend once left bad scratches on his chest shes attacked me once and then her and her son both attacked me the cops were called i had them arrested and they were home in the hr. We had all our paper work to respond but didnt make it in time to file it unfortunately. Three day notice States you entered into an agreement wearing you agree to rent certain premises now we never entered into any agreement wherein we agreed to rent anything we don’t rent from her she let us stay here. since we didn’t make it to file the response would I be able to take her to court for a wrongful eviction if that’s what you would call it

    • Sandy McCarthy August 2, 2017 at 11:29 pm - Reply

      I would suggest you get some legal advice from an attorney regarding your rights and remedies in this situation.

  74. […] the deputy that she had asked Nancy to leave, but her daughter refused, and then she informed mom how difficult it is to evict a roommate in the state of California. So mom was looking for advice from the deputy — who did agree that it might not be easy, and that […]

  75. Bella Anderson August 16, 2017 at 4:53 am - Reply

    Hi there, hoping you can lead me in the right direction. I moved my boyfriend in with me to a house in renting and he agreed to pay me $1000. A month later, he claims the relationship was near it’s end and that he wanted to move out. But ended up staying another month. During this time, he’s lied and stole from me, my kids, and my non-profit organization. After claiming once again he was going to move out this month and not pay the rent, he paid me 1/2 of the rent and promised to make payments towards the other 1/2. But then got violent and caused damage inside my home. In fear of mg safety, I decided to pack his things and I put it out on the porch and sent him a picture of it saying he needs to find somewhere else to go and was no longer welcomed here. He agreed to get his things and leave that night. But returned later, broke into the house, stole my car keys and was caught by the police getting ready to drive off. I got a restraining order the next day but he claims he will be taking me to court for kicking him out and feels entitled to the $500 he’s paid for the month. What do I do now? Give him the $500?

    • Sandy McCarthy August 17, 2017 at 3:16 am - Reply

      You may want to speak to an attorney to discuss your legal rights and remedies and the potential legal consequences of your recent actions. Unfortunately, we cannot give you legal advice.

  76. Jon Henderson August 28, 2017 at 4:37 am - Reply

    I have been a subtenant at my current address for a year and six months. The property owener said I have till November 1st to move out because he never said I could move in. What can I do?

    • Sandy McCarthy August 29, 2017 at 3:54 am - Reply

      For legal advice, you will need to speak to an attorney.

  77. Charles September 16, 2017 at 5:25 pm - Reply

    If my niece who lives with my mom and who is on the lease assaults my mother, my mother gets a live in restraining order, in which my niece is not to harrass, destroy property, etc and then she does and I have her arrested for violation of probation. Can I have her removed from the lease with out having her sign off? My mother lives in section 8, hud low income housing and they made my nephew sign off or they were gonna charge my mother full market rent. I think I read somewhere that all you need is the police report and the management has to automatically take her off the lease without signing off. Hopefully that’s true because she is about to go to jail today when I call the police. Thank you for your help!

    • Sandy McCarthy September 17, 2017 at 7:07 am - Reply

      Hi Charles – it sounds like you need some legal advice from an attorney to handle this particular problem. you also may want to contact HUD to get some direction from their office as well.

  78. DJ September 20, 2017 at 6:03 pm - Reply

    “In California, if someone resides in an apartment for 30 days or more, he/she will be considered a tenant”

    This implies that less than 30 days is something different. What’s the status of someone residing with you for less than 30 days?
    Do you need to evict someone you let stay at your house for less (or more) than 30 days if no payment has been made toward rent or any household expenses?

    At point does letting a friend stay with you turn into tenancy?

    • Sandy McCarthy September 21, 2017 at 12:28 pm - Reply

      Unfortunately we cannot give you legal advice or interpret the law for you. I would suggest contacting an attorney.

  79. Dee October 9, 2017 at 6:42 am - Reply

    Four months ago I started renting a room in a house that my friend and her boyfriend were already renting. I paid my rent directly to my friend. Out of nowhere, I was accused of being at fault for some damage that THEIR dog did to THEIR table while they were gone for a short period of time and since I didn’t replace their table, her boyfriend told me to get out. The very next month, my friend accepted my rent payment with no comment about me moving. Yesterday, her boyfriend verbally attacked me and made me afraid to leave my bedroom. I was then told that if I didn’t get my stuff out today that they’d put it out on the curb, so the police were called. The police informed them about my rights. I am going to need the 30 days to look for another place because I’m definitely not staying in this toxic house, but I need to know if they are allowed to take away any provisions that I was previously allowed to have (such as kitchen use, washer/dryer use, cable/internet use). Of course my “friend” is now being spiteful and taking things away in order to make life more difficult for me because she didn’t get her way. I can’t even put anything in the refrigerator because it’s “hers”. Can she do this???

    • Sandy McCarthy October 9, 2017 at 8:52 am - Reply

      Legally probably not. You may want to track what she is doing and then file s small claims action for damages she caused you during this time. Talk to an attorney for legal advice is you need to.

  80. Taz October 13, 2017 at 6:30 am - Reply

    Hey I would like to ask you I had a roommate who been living here for 3 months and I want him out for being disrespectful and rude and making problems with me I gave him a 30 days notice to move out. He is one of 6 roommates and my landlord knows that we are 6 people who lives in a two bedrooms apt. I’m the only one on the lease and he got a restraining order on me. So do I have to leave the place or move out? then he can take over?

    • Sandy McCarthy October 13, 2017 at 6:44 am - Reply

      I am not sure how he would have gotten a restraining order against you if you were on the lease. Did you respond to the restraining order?

  81. Taz October 13, 2017 at 9:22 pm - Reply

    He is a gay guy . I have a court on the 18th that next Wednesday. so who have to move out?

    • Sandy McCarthy October 14, 2017 at 2:01 pm - Reply

      It will be up to the judge but I would make sure you have filed a proper response that addresses all of these issues.

  82. Brandon October 17, 2017 at 10:17 pm - Reply

    Evicting a sub-tenant/roommate in california. Issued 30-day notice on 13th of month, is pro-rated rent due to me from sub-tenant for full 30 days if subtenant is out prior to end of 30 day notice? Rent is due on first of the month. Month-to-month agreement. I.e. If tenant is out as of 1st of the month, is the prorated amount still owed for the duration of the 30 day notice, even though tenant is out.

    • Sandy McCarthy October 18, 2017 at 10:39 am - Reply

      This is a legal advice question that you would have to direct to an attorney who could answer it for you.

  83. meredythe clark October 19, 2017 at 1:57 am - Reply

    i lie with my sister in a townhouse purchased by her friend, she is on lease i am not, i pay landlord directly, (implied contract?)she is emotionally abusive,and i finally blew up. not at her directly but i had been crying for days. she will be evicting me or landlord.do i have any rights?

    • Sandy McCarthy October 22, 2017 at 8:31 pm - Reply

      You should speak to an attorney regarding any rights you may have in this situation.

  84. Dave Govea October 23, 2017 at 3:41 am - Reply

    I am in a situation where I have lived in my apartment for a year, not being on the lease. I have agreed to pay my roommate cash who is on the lease and she pays the landlord rent. After a year of living there I feel comfortable enough to secure my residence. I asked her to be put on the lease and she is purposefully not adding me because she doesn’t want me finding out how much we pay in total. She doesn’t know that I know the total rent, which I found out we are not splitting (I am paying 150 more than her). Can I go direct to the property management company and ask to be out on? I read slmewher that if you are living somewhere for two weeks or more in a 6 month period of time, you are legally a tenant and have to be added to the lease. Any additional information is appreciated

    • Sandy McCarthy October 25, 2017 at 11:40 pm - Reply

      Unfortunately our office cannot provide you with legal advice. I do not know how the landlord could unilaterally put you on the lease. I would suggest you talk to an attorney with regards to your legal rights.

  85. Nicky November 27, 2017 at 10:00 am - Reply

    What if my roommate decided to kick me out because he wants his brother or friend to move in instead ?
    He found the room for rent through Craigslist . I pay first of every month but he gave me a 30 days notice on the 20th , does that mean I have to have to pay for the next month?
    The main “landlord”, she rents the house too.
    She doesn’t own the house.
    She doesn’t want to get in between it and is saying that him and I should come to an agreement.
    What should I do ?

    • Sandy McCarthy November 30, 2017 at 6:16 pm - Reply

      A month-to-month tenancy allows a landlord to terminate a tenancy with proper 30 day notice. The notice period would typically start when notice was given and rent would be prorated. Speak to an attorney if you need legal advice for your particular situation.

  86. Deja December 11, 2017 at 9:11 pm - Reply

    Myself and a girl rented a apartment together my boyfriend stays in my room been staying in my room for 9months haven’t paid any rent to the household but has paid me rent because he’s in my room now my Roomate is telling me he needs to pay rent because he had a job now but we never discussed him having a job me and my boyfriend pays the bills my roomate hasn’t paid in months now she saying she’s going go to the front office to get my boyfriend removed from the apartment can she do that ? My half of the rent is getting paid regardless

    • Sandy McCarthy December 12, 2017 at 3:26 am - Reply

      I would check to see what your rental or lease agreement says about other parties that are able to live in the premises. Sounds like you and your boyfriend might want to find a different place to live.

  87. Dylan December 28, 2017 at 9:19 pm - Reply

    Can a co-tenant evict another co-tenant

    • Sandy McCarthy January 3, 2018 at 4:54 am - Reply

      Possibly but I would recommend you get legal advice from an attorney regarding your particular situation.

  88. Carolyn January 6, 2018 at 8:19 am - Reply

    I am leasing an apartment with my daughter. She and I no longer get along for reasons that are unbearable. She does not allow me to be at peace in my setting. I had a cat that was destroying the unit, which will cost if was allowed to continue. My personal property was damaged: new couch, television set, kitchen chairs, and personally harmed me countless times. The cat damaged the units carpet and scratched at the doors. I was under a lot of stress because I was the only one taking care of the cat. I am a full-time student and she works all day and leaves all day on Saturday. The cat was a present from my son. At the time I believed I could handle caring for the cat, but was mistaken. My daughter told me on several occasions that she did not want the cat moving with her when we parted. The problem is my daughter went to the shelter and adopted the cat and said she was bringing the cat back and was going to keep it in her room. This is not good because a cat cannot stay locked up in a room all day and night scratching to get out. What can I do?

    • Sandy McCarthy January 12, 2018 at 4:38 am - Reply

      Talk to an attorney. We are not attorneys and cannot advise you.

  89. Jade January 23, 2018 at 7:02 pm - Reply

    If someone established residency do they have to get a room or do we just have to share the common areas? They are in my room and won’t get out. I know I cant kick them out the house without the court order but can they at least sleep on the couch?

    • Sandy McCarthy January 24, 2018 at 4:57 am - Reply

      If you need advice regarding your rights as a tenant or landlord, I would talk to an attorney.

  90. KJ January 25, 2018 at 12:05 am - Reply

    Unfortunately I was in a situation where I needed to give up my apartment. I set out to get someone to come in and take over the lease through the office, like we are “supposed to” it did not work. I had a gal contact me and she wanted to rent the apartment but “off the books.” Gave me the “single mother” song and dance (I can say that as I was one at one point in my life). I agreed. Now I know I was in the wrong, NEVER should have done it, but I did. Move forward to the last month of my lease, I made contact with the gal, numerous times, explained what we were going to do about getting the apartment pulled together and when I wanted to clean and have all of the keys to turn in. This gal had talked to me, we were on the same page, the day of going over to pick up the keys she tells me she has no where to go and that’s that and she is staying until she does. All this time the office did not know she lived there. She went into the office told them she wanted to extend the lease because she had nowhere to go and we should have been given the option to stay. Well long story short she stayed until an eviction was served. I was told by management that they could not put her name on the Eviction notice because she was not on the lease. So legal fees, repairs, past due rents and an Eviction with the county is in my name only and I have not even lived there in 8 months. She stayed rent free, utility free and trashed the apartment and now because there is no mention of her on any of the legal documents, she has taken this opportunity to disappear and leave me hanging in the amount of $8500. I am going to take legal action against her, fell like I should take it against the Apartment Complex too but in the mean time this paperwork needs to be amended to reflect her name on it since she was there in the apartment and would not leave and aside from my own stupidity of trying to help her help me is the reason all of this has happened. Do I have a leg to stand on?

    • Sandy McCarthy February 4, 2018 at 12:44 am - Reply

      Talk to an attorney about your legal rights and remedies. They can give you a better idea of your chance of success in pursuing this matter. There are no guarantees in legal proceedings, however, and it is the Judge who makes the final decision.

  91. Isabel Ortega February 9, 2018 at 12:49 am - Reply

    What is the difference between a subtenant and a co tenant? I have been renting a room for about 4 years now and have always paid my rent directly to the landlord but I am not on the lease. Am I considered month to month?

    • Sandy McCarthy February 13, 2018 at 2:28 am - Reply

      Usually a sub tenant as a person who rents from the person who is named on the rental agreement or the lease. A cotenant would typically be someone who signed the rental agreement or lease with someone else. This is a general description should not be considered legal advice.

  92. Vanessa February 9, 2018 at 6:57 am - Reply

    So I rent a room and I was given a 30 day notice we both verbally agree to leave on the 3rd of the month at 5 o’clock, I wasn’t able to make it at 5 so the people took my stuff out put them in bags and place them in the porch when I got back the room was empty and my stuff where in bags they also changed the lock of the door.
    What can I do?

    • Sandy McCarthy February 13, 2018 at 2:25 am - Reply

      You may have a cause of action against these people if you cannot access your personal items. I would speak to an attorney about what your legal rights are.

  93. Sarah February 23, 2018 at 12:43 pm - Reply

    A roomate hasn’t paid rent for 3 months and she is driving us insane. The land lord says if he kicks out one,he’s kicking out all. We can’t afford to move and the land lord won’t help. We all pay one roommate the rent and that one said roommate pays the land lord. Can we file for an eviction notice if the land lord won’t? We are sick of paying for her room due to her lack of responsibility.

    • Sandy McCarthy February 23, 2018 at 3:28 pm - Reply

      Talk to an attorney about the best way to handle this problem.

  94. Rose February 26, 2018 at 2:07 pm - Reply

    My ex-roommate gave her 30 days notice last month. But moved out her things 2 days before the end of the month. And now refuses to give the keys back since it’s not the end of the month until Feb 28th. However she’s left the front door open twice since now none of her things are here. Can I change the locks to the apartment now that none of her things are in the apartment. Or maybe I change the locks to my bedroom door.

    • Sandy McCarthy February 26, 2018 at 7:20 pm - Reply

      If you require legal advice I would suggest that you contact an attorney regarding your legal rights and remedies.

  95. Carlos March 6, 2018 at 6:57 pm - Reply

    As a homeowner with a tenant not with verbal agreement and not paying rent can I take the door off the bedroom

    • Sandy McCarthy March 7, 2018 at 3:33 am - Reply

      I would talk to an attorney before taking any type of action like that.

  96. Kat March 29, 2018 at 7:24 pm - Reply

    I live in ‘parents owned’ manufactured home on their property. On 01/31/18, I obtained TRO against live in boyfriend with no rental agreement, nor did he pay rent. Sheriff’s removed him from house. On 02/21/18 I obtained five year restraining order which included an immediate move out order. Ex boyfriend has tried to get Sheriff’s to pick up ‘a couple’ items four times since 01/31/18. Every time he is told to get all or nothing and to schedule a civil standby. On 3/20/18 a Sheriff scheduled with me, and him, the pick up his personal items on 03/26/18. No call, no show. I do not have means to store his stuff offsite until he someday decides to get his items. I want my life and garage back. Everything I’ve read mentions a notification letter, put items in storage and/or public notice to sell at auction. Seems overkill since I am not a true landlord and he has been advised several times by law enforcement what he must do. Please advise what you think. Thank you in advance.

    • Sandy McCarthy March 30, 2018 at 2:12 pm - Reply

      Unfortunately California law does not allow us to give legal advice. However I would assume if you follow the notice requirement you would be safe from any legal repercussions he might attempt to bring up down the road. Talk to an attorney if you want legal advice on your responsibilities in this situation.

  97. Karen April 1, 2018 at 10:11 pm - Reply

    I pay a room for 300 from my mother she is not the landlord she is just a tenant herself but I have no rights to have visitors,key access to enter the main door to the house, I pay 300 basicly to have my stuff in and just sleep. I can’t have no visitors in my own room and I been paying my rent for more than 2 years without a contract and keys . What should I do? I want to call the cops to let my mom know is it against the law for a tenant to rent someone a room with no house front door key to enter to the room. What should I do? What are my legal rights to claim?

    • Sandy McCarthy April 1, 2018 at 10:15 pm - Reply

      If you are unhappy living at your mother’s house you may want to consider just moving out and getting your own place. if you think your rights are being violated, you can always speak with a lawyer but of course that will cost you a lot of money and I don’t really know what benefits you would get out of that.

  98. Kobee April 4, 2018 at 9:37 am - Reply

    Apartment situation in San Francisco: I added my name as “Roommate” and living with a international student “ co-resident” name on lease. We did sign a written agreement in the office between us and the co-resident. Now the lease we end in 5 months remaining but the student left the US and back to China forever without telling anyone. I am trying to find someone to sublet his half part of rent (whole rent is high, couldn’t afford). But the office said we can not do anything without his signature, because he is the only person that can have the power to sign for everything.

    What can we do now if we can’t afford the rent and we want to leave? The apartment will put us on the court or kick us out of the apartment if no one pay for the rent? Thank you!

    • Sandy McCarthy April 12, 2018 at 2:41 am - Reply

      Unfortunately our office cannot give you legal advice. Speak to a lawyer on this issue.

  99. Dennise cevallos April 5, 2018 at 2:30 am - Reply

    I rented a room to my daughter an her boyfriend its been two years now an she has been warned multiple times not to fight, she is the aggressive one, there is only a verbal agreement with her to pay the cable and electric bill but she has not payed them on time and keeps making them very late and tripped them witch wasent the agreement, how do i get her out please???

    • Sandy McCarthy April 12, 2018 at 2:42 am - Reply

      You may have to proceed with a formal eviction process if she does not voluntarily leave.

  100. Lexie April 12, 2018 at 7:21 pm - Reply

    How can I evict my mother and sister in law legally in California? a year ago we all decided to live together and rent a house. But its a big mistake and my inlaws and we don’t get along. we’re constantly yelling and arguing and fighting with each other. there names are not of the lease? I’m tired of being harass by them verbally. Its not healthy for all of us especially my kids. Please advise. thanks!

    • Sandy McCarthy April 14, 2018 at 3:09 am - Reply

      You will have to go through a formal eviction process. Contact an attorney asap!

  101. Jason Tatum April 15, 2018 at 6:52 pm - Reply

    Hello! I had a friend who needed a place to stay for a couple of weeks. Well now its been almost 3 months. He keeps saying he’s going to be out on the 1st of the month but he will not leave. He has been disrespectful, doing crystal meth, staying up all night being loud. Trying to control the apartment that myself and my roommate have. Now the neighbors are complaining and I’m worried we are going to get evicted. Yes he has finally given us some money to help, buy we are constantly arguing and fighting he has no respect. I just want him out and again he said he will try to be out by the 1st of may now. I told him if he’s not out by the first I’m going to the sheriff’s to start the eviction which I know he doesn’t want to happen. I’m actually scared of the guy as Is my roommate. He can get angry and violent. My question is what’s the RIGHT AND LEGAL way to do this. I’m almost to the point of grabbing him by the throat and physically throwing him out that could bring serious consequence’s to myself. Any advise would be helpful. Please reply. Thank you! I live in Ventura California.

    • Sandy McCarthy April 19, 2018 at 3:24 am - Reply

      Don’t do something that will get you into trouble! Unfortunately you will probably end up having to file formal eviction proceedings. Talk to an attorney if you need legal advice.

  102. Rayna April 22, 2018 at 9:32 pm - Reply

    Hi Sandy, thanks for writing this, super helpful and reassuring. Are there any concrete legal steps a subtenant can take if the other tenant tells them they have to leave? Specifically, if a subtenant who has been paying rent for two or more years and has an established relationship with the property owner is told they need to find a new home, and then, for example, discovers that the other tenant has caused a cockroach infestation and there is photo evidence of all kinds of lease-violating hygeine and neglect, AND all tenants are covered by Los Angeles’ tenants-protection laws, are there any steps to be taken by the subtenant? Thanks for any advice you may have.

    • Sandy McCarthy April 23, 2018 at 11:42 pm - Reply

      Unfortunately our office cannot advice people on their rights or remedies. I would suggest talking to an attorney regarding this issue. You also may check Avvo.com which offers low-cost legal advice from attorneys on a question basis.

  103. Angela April 23, 2018 at 2:39 am - Reply

    What if your roommate has a stroke and you had to start helping them before the stroke..currently in hospital and we are with serious health issues.. hospital tried to send him back to us and told us he will need round the clock care…what can we do. His insurance covers 2 days a week for 4 weeks..what do we do?

    • Sandy McCarthy April 23, 2018 at 11:40 pm - Reply

      We cannot give you legal advice as we are not attorneys. I would contact an attorney for some legal direction on this. Good luck.

  104. Sandy McCarthy April 28, 2018 at 12:14 am - Reply

    it sounds like you need to go through a formal eviction process. If you are unsure what your rights are as a landlord, you may want to contact an attorney.

  105. leslie May 9, 2018 at 10:48 am - Reply

    I moved in with my coworker in dec and have a hardship at this time due to my dads cancer treatment and am behind on bills for this month. she is threating to pack my stuff and change locks can she do that I get mail there

    • Sandy McCarthy May 10, 2018 at 7:32 am - Reply

      I would assume she will gave yo go through the legal eviction process. If she changes the locks without doing that, I believe she would be violating the laws. Talk to an attorney if she does that.

  106. Dion May 11, 2018 at 5:23 am - Reply

    I gave my roommate a 30 day notice to move out my apartment by June 6th on May 6th. He packed up his clothes and left before he paid his half of the rent, so i ended paying the rent in full. His stuff is still in my apartment. What could i do with his stuff since he didnt pay his half of the rent?

    • Sandy McCarthy May 14, 2018 at 7:47 am - Reply

      I would send him a letter that complies with the legal requirements for stuff left by a tenant before disposing it. Check with a lawyer if you need legal advice.

  107. Debbie May 14, 2018 at 9:14 pm - Reply

    What is the normal step by step eviction process for the state of California?

    • Sandy McCarthy May 16, 2018 at 9:49 pm - Reply

      1) Serve preliminary notice; 2) file and serve UD lawsuit, 3) Hearing and Judgment; 4) Lock out.

  108. Daniel May 23, 2018 at 6:45 pm - Reply

    I am a sub-tenant (roommate) in a two bedroom apartment in California. I am not on the lease. My roommate gave me an 8 hour notice on Tuesday night that management was going to be entering the apartments and rooms for pest inspections the following day. Ive had bad experiences in the past with snooping landlords so my defenses naturally came up.

    The next morning, I stayed home from work and was startled to hear a key being inserted into the lock on my room door, a locked private entrance. As the door began to open awith no announcement, I pushed back on it and the person on the other end pushed back and we went back and forth 3 times before the person called out my name because I kept saying, “who the hell is this? while trying to keep the door closed. It turned out to be my roommate. I asked him what he was doing and he said that he was going in to “make sure that everything was OK.” The privacy invasion got me angry.
    About 20 minutes later I heard the managers entering apartments downstairs. When they came upstairs, I asked the manager if he had provided 24 hour notice to all of the tenants apartments that they were entering. I was not confrontational, make any threats or act aggressively. I pulled out my phone and recorded them as they entered the apartment I rent from. I went into my room and closed the door.

    Today when I got home, my roommate informed me that the management wanted me out immediately. He told me that I picked the wrong people to mess with and that my actions brought this upon myself. They offered to send him someone to come talk to me if I refused to leave immediately. As in right now. Imagine coming home from a long day at work and hearing that. I’m supposed to pack up find a place and leave immediately?
    I asked if I can get to the end of the month, and my roommate called the landlords and they said they will give me until Sunday.
    This doesn’t sound right to me. What do you think?
    Thanks

    • Sandy McCarthy May 23, 2018 at 7:42 pm - Reply

      I believe they would have to go through the normal eviction process. Contact an attorney to review your rights as a tenant.

      • Daniel May 24, 2018 at 5:02 am - Reply

        Thank you Sandy. Any recommendations?

        • Sandy McCarthy May 25, 2018 at 8:43 pm - Reply

          Talk to a local lawyer would be a great place to start.

  109. Tiffany May 26, 2018 at 8:52 pm - Reply

    I am the tenant and tbe apartment is under my name and fiances name. I live with my mother and 4 brothers. I am expecting a child and want to move out. I need my family to move out as well because they wont pay rent and I dont want to let them stay at the apartment. Do I give a 60 day notice?? Do I have them sign the paper?? And what if they refuse to sign?? What is your advice?

    • Sandy McCarthy May 26, 2018 at 9:23 pm - Reply

      We do not give legal advice. We are not lawyers. I would suggest speaking to a lawyer. Good luck!

  110. Pris May 28, 2018 at 3:39 pm - Reply

    So i am renting out my home to siblings and made a legal leasing contract. Both of my sisters who are renting a room downstairs have to share a bathroom in the master bedroom. But one of my sisters say that my other sister (the oldest one) has not maintained and cleaned up after herself in months of renting my house. So now the youngest sister wants to put a lock on her door (because she has the bathroom downstairs in her room) and not allow to use the bathroom anymore and will have to use the one upstairs.
    This is all so childish and I hope doesn’t get any more complicated then it should be but what are steps to having it not lead to any legal terms?

    • Sandy McCarthy May 28, 2018 at 6:22 pm - Reply

      I would try to talk to your siblings and try to get an understanding. If that does not work, talk to a lawyer for legal advice.

  111. donna May 29, 2018 at 11:57 am - Reply

    My grown son of 27 years old needed a place to stay and offered to pay rent. He did pay rent for a month or so but became ill and was out of work for 30 days then lost his job. He could not get unemployment for some reason and since has not paid any rent for several months. I have been asking him to move out. He seems to think that he has the right to live with us and that we owe him a place to live. He has been living with us about 6 months. He was going to move but the person he was to stay with would not let him move in. Now he has been having his girlfriend living in our house with him. My husband finally told him that is not acceptable and that it is one of our rules. We just got back from a weekend trip, girlfriends stuff in the home and my vehicle has been driven when I said do not drive it (son dl is suspended) or girlfriend drive it.. I guess from reading your responses that we can give 30 day notice. He does now work part time, but not paying any rent or for his car insurance. I am going to give a written notice to move in 60 days. We are also going to sign the vehicle over to his name as we don’t want any liability. What advise would you give us if any ??

    This is so sad that we are being put in this position by our son.

    • Sandy McCarthy May 31, 2018 at 10:57 am - Reply

      You are probably going to have to go through the legal eviction process once the expiration of your official 60 days notice has expired. Talk to an attorney if you need legal advice.

  112. Letty June 1, 2018 at 7:08 pm - Reply

    My sister moved in with my grandma, maybe 6 years ago. There was no contract or agreement made. She was supposed to be temporary and is now long term, unfortunately. She does not pay any bills. She does not help my grandma with anything. She comes and goes as she pleases and has taken over my grandmas car. How can my grandma legally evict her?

    • Sandy McCarthy June 2, 2018 at 6:43 pm - Reply

      Most likely she would have to go through the formal
      legal eviction process.

  113. Victor Gopiao June 2, 2018 at 7:20 pm - Reply

    so i moved into a house in the bay area about a little over a year ago. the person who rented it out to us was a former tenant that used to live here and rented it out to her sons friends over the years and she talks directly to landlord who hasnt been or seen the house for atleast 8 years. the house was in terrible condition due to plumbing issues and old electrical work and we had problems with water always running due to a bad faucet head. many tenants came and went and im still here because i had to take care of my mother who moved in after she got a stroke last year. there came a time when we didnt have a water heater and couldnt pay rent because all other tenants moved out forcing me to cover the whole rent which i couldnt afford. earlier this month (May) me and my mom got evicted via text by the sub renter, not the owner. she claims she speaks on the behalf of the owner. fortunately me and my mother have some places to look at to move out but sub renter told us via text that we need to leave today or else the police will escort us out. my question is isnt the owner supposed to have a hand written eviction notice cause thats what we were waiting for. makes me wonder why the landlords havent done it themselves wondering why i feel this property is abandoned. am i supposed to worry towards these eviction request or are they just a scare tactic to get us out asap? their still is a bunch of apploances, cloths and office material from past tenants so i dont see them clearin this out for a new tenant within the week.

    • Sandy McCarthy June 3, 2018 at 6:50 pm - Reply

      Talk to an attorney asap regarding your legal rights.

  114. Johnathan Fay June 15, 2018 at 12:50 pm - Reply

    Hello,

    I have lived in a property owned by my partners grandfather for 3 years. Neither she nor I have ever signed a rental agreement and have not had to pay rent (even after asking multiple times to do so). The water bill and internet is in my name and I have mail delivered and this address is on all my records. She moved to Australia 3 months ago and last week broke up with me. I have had friends living with me for two months. Her mother wants all of us out in two weeks and claims that we are not tenants. Are her wants justifiable or am we (my friends and I) allowed a longer grace period to move out?

    • Sandy McCarthy June 16, 2018 at 7:54 pm - Reply

      Typically a landlord homeowner would have to go through the normal legal process to evict a tenant whether there was a rental agreement or not. Talk to an attorney if you want to confirm your legal rights.

  115. Jennifer June 19, 2018 at 8:17 pm - Reply

    I have a question? I rented a room with no signed lease. This man has verbally abused other renters, his dogs have caused significant damage to my property, he has taken household items and hides them in his room. He is supposed to be out on June 23 , 2018 and he has told me he has a lawyer and can stay as long as he wants and there is nothing I can do. He has threatened suicide. I have all this in writing through messenger. Can I lick him out! I am afraid to go home now!

    • Sandy McCarthy June 19, 2018 at 10:25 pm - Reply

      Talk to an eviction lawyer. You will probably need to take legal action but the process is precise so you want to make sure you do it right!

  116. Je June 23, 2018 at 3:51 pm - Reply

    I just moved into a house with a roommate, I signed the lease April 2018.

    Before moving in, my roommate & I had made a verbal agreement that outside of family, we wouldn’t have a lot of people at the house (being we are both pretty private [allegedly].

    My roommate wasted no time at all. Every night, if it wasn’t the same girl it was another. At first I didn’t say anything. Then after awhile I approached it in a playful manner, so not to cause tension.

    Then it became an almost every day occurence, with him leaving them there even when he was at work. To the point of never knowing who was in our house.

    When i said something about it, it was as if I didn’t say anything at all.

    It got worse. Just about every time i came home from watching my grandsons 3 days a week, (sometimes more) i would come in to find someone in my house & my roommate at work or fishing, etc. I repeatedly tried talking to him about it, but still nothing changed.
    So I put a lock on my door, which roomate got made about, but i stood my ground stating that i had every right to protect my personal things.

    Now he has pretty much moved his ex into the house. She’s there more than we are and running up our bills when neither of us are even there. I was literally at residence a total of 6 days in the month of May 2018 & our PG&E bill literally doubled to the dollar & our SMUD bill went up $30 & I was only there 7 days (not consecutively either)

    When i began asking her if she could open the blinds during the day to conserve energy (they turn every light on in the house & in garage & leave them on even when they leave the house). I was very nice about it, but my roomate began being verbally abusive to me, by way of text messages, telling me not to be asking his guest to open the blinds & turn off the lights, etc, etc. To the point that i have left & he’s still blowing up my phone with text messages (& not pleasant ones either).

    I would just simply give owner 30 day notice to moce, but not only did i just get moved in, but i cracked my rib while doing so, due to having to move everything by myself & my room is upstairs).

    At this point there is no talking to him about anything because he is stuck in hate mode.

    I feel stuck. Not only because of my rib, but the cost of moving again is simply out of the question. Yet i cant afford to keep paying for bills that Im not even utilising, but feel i cant even say anything without escalating the already uncomfortable situation.

    I cant find a resolution, and the stress is beginning to hinder my health.

    I thank you in advance for your time and consideration. I would be grateful for any suggestions you may have.

    Sincerely,
    J Ray

    • Sandy McCarthy June 24, 2018 at 6:12 pm - Reply

      I don’t really have any words of words of wisdom here. You are certainly in an unfortunate situation. Talk to a lawyer if you need legal
      advice.

  117. Antoinette Reynolds July 2, 2018 at 5:11 pm - Reply

    The house I live in the lease is under my boyfriends mothers name but she as never lived here. I moved in 2008 because he asked me to There was never any agreement for me to pay anything since then we have two children and lived as a family here. His mom doesn’t want me here anymore and is threatening to evict me. And only me she wants out not my children or her son only me. She now wants me to sign a lease do I have to sign it l? I’m really confused on what my rights are.

    • Sandy McCarthy July 3, 2018 at 8:28 pm - Reply

      You will need to talk to an attorney.We cannot give you legal
      advice.

  118. Chris O. July 2, 2018 at 6:25 pm - Reply

    My girlfriend and I have an active lease to end in November 2018, We sublet an extra room for x amount monthly with x deposit. He has been there two months and has not paid full deposit. He has been late on utility payments both months. Long story short I’m worried if i ask him to leave he will try to threaten me with some type of legal action. With legal / proper amount of time, could we evict him without any legal repercussion?

    • Sandy McCarthy July 3, 2018 at 8:30 pm - Reply

      I would think so,but you will need to make sure you follow the strict procedures to properly evict.

  119. Kenneth Kubo July 30, 2018 at 1:44 pm - Reply

    My mother has been letting a gentleman live rent free in her garage for a few years now as long as he did odd jobs around the house. The situation has gotten to a point to where the gentleman is taking advantage of her and it has been determined by our family that he has to leave. How do we legally go about having him removed?

    • Sandy McCarthy August 2, 2018 at 9:33 pm - Reply

      You will probably have to undertake formal eviction proceedings. Talk to an attorney if you are unsure of the proper steps.

  120. A.T. August 3, 2018 at 11:20 am - Reply

    My childhood friend let me stay at his place rent free and gave me a key. I’ve been here sense feb. 2017. On tuesday he told me I had to leave by the end of that same week. I didn’t have enough notice to have another place to go. Is this legal?

    • Sandy McCarthy August 3, 2018 at 7:48 pm - Reply

      We don’t offer legal
      advice. I would suggest you talk to an attorney regarding your rights and remedies.

  121. Chris August 3, 2018 at 11:48 am - Reply

    My friend let me live with them for a year rent free. They asked me to move out within 5days. Is that legal?

    • Sandy McCarthy August 3, 2018 at 7:49 pm - Reply

      It sounds like you are looking for legal advice. We do not advise people on their rights and remedies as our role is simply preparing legal documents. You may want to talk to an attorney.

  122. MT August 6, 2018 at 11:32 pm - Reply

    I own a condo and my roommate didn’t pay a rent (for last month). Still haven’t payed for this month and it’s been a week.

    I don’t want to live with him anymore and my friend wants to move in instead. What’s the best way to tell him? Is it legal to say, I have to give this space to someone else. Can you move out in 60 days?

    • Sandy McCarthy August 8, 2018 at 6:20 pm - Reply

      You probably will need to proceed with eviction proceedings. You may want to contact a lawyer to help you. Unfortunately our office no longer prepares eviction unlawful detainer documents.

  123. amber August 11, 2018 at 1:02 pm - Reply

    Is there a difference in the paperwork or procedure in this situation? We are subletting a room to the family of an old friend of my boyfriend’s. We are renter’s but never really intended on “renting” to them a year ago. The just kind of stayed when we were trying to help them find a place when they were about to be homeless. Now it’s been a year and they paid us money each month and such. So we tried to speak to them and encourage them to move and that blew up. So I prepared a 60 day notice since it’s been a year and I’ve posted it on their door and sent them notification which turned into a texting fight.
    The notice is still on their door (posted july 3 and it’s aug 11th now) and they haven’t taken to notice off of the door – and have only slept here one night – July 4th – and have been gone since.
    They did not pay rent in July or Aug and I haven’t put a 3 day notice on the door since I know they won’t get it – so i don’t know how to proceed at this point – do i move to UD as of Sept 4? Or … I am not sure where to go from here. They share our address and i’ve been through a similar situation previously where we’ve had sheriff’s lock people out but they had their own entrance / these people live in our house with the same entrance.
    They have abandoned their belongings and food in their mini fridge rotting in my house – not their bedroom. They’ve blocked me on social media and last I heard they were homeless without an address. Would you be able to assist in paperwork for this or is it a lost cause?

    • Sandy McCarthy August 11, 2018 at 9:27 pm - Reply

      I would definitely talk to an attorney since you are unsure of the best procedure to use in your situation. Due to our current caseload, our office is not currently longer preparing eviction paperwork.

  124. Alicia August 12, 2018 at 2:50 am - Reply

    My ex boyfriend convinced me of moving in together and i will pay rent and deposit which i did and i have the check and all prove for it. but the contract will be in his name because i don’t have crider history due to being new here. And his cridet is good. I move in and i buy some things for the apartment. He moved in after 3 weeks. The day he moves in he flips on me and kicks me out and starts yelling that i am robbing him. He refuses to give me anything and starts threatning me and black mailing me about sexual stuff. I called the cops but they sided with him. And weren’t even interested in listening to what i have to say. Next day he took my key by force and put my stuff in my car and kicks me out. Is there anything i can do? I think he planned this so he can move out of his old place. We agreed with the apt management that my name was suppose to be added after a week or so of moving in just so we can have the approval. Any thoughts on the situation please?

    • Sandy McCarthy August 12, 2018 at 6:47 pm - Reply

      I would get legal advice from an attorney. Good luck!

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