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  1. #1

    Default Roommate Won't Move Out, Refuses to Pay Rent

    My question involves a roommate in the State of: California. We have roommate living with us. He is not on the lease. I had just giving him a verbal 30 days notice. He told me that I had to give him 6 months and he doesn't have to pay. What should I do?

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Roommate Won't Move Out, Refuses to Pay Rent

    Was he ever paying rent? If he was paying rent e.g. monthly, then he is under an implied month-to-month (sub)rental agreement. That means you only need to give one month's notice, in writing, even though it is effectively an oral rental agreement.

    If he never paid rent, then he is a guest. You'll need to file a complaint of unlawful detainer with an appropriate court. If the judge agrees with you, you will get a document you can take to the local police department and the police will physically remove him from the premises.

    You may also be able to collect rent for the period he was unlawfully there.

    Try reading what the California Department of Consumer Affairs says about it.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,041

    Default Re: Roommate Won't Move Out, Refuses to Pay Rent

    You initiate formal eviction proceedings through the courts.

    If he's not paying rent, he's only entitled to a 3 day WRITTEN notice to pay up or get out. After the 3 days are up, you can file suit to have him put out.

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  4. #4
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Roommate Won't Move Out, Refuses to Pay Rent

    Quote Quoting LawResearcherMissy
    If he's not paying rent, he's only entitled to a 3 day WRITTEN notice to pay up or get out.
    I think it matters a lot whether he's not paying rent because he has never paid rent, versus not paying rent because he decided to stop paying rent.

    In the former case, you can immediately file for the unlawful detainer.

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