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  1. #1
    Join Date
    Jun 2005
    Posts
    1

    Default Evicting A Roommate who Is Using Drugs

    Hi,

    My cousin is leasing a house and has two roommates that pay him rent. He then pays the owner.

    One of the roommates has been annoying for quite sometime. Recently that annoyance stepped up a notch when methamphetamines were seen in the guy's cigarrete container as he pulled out a smoke. He claimed they were the neighbors' but admitted they were in fact drugs and that he was holding them.

    Is this enough to evict him for and can my cousin put this as the reason for eviction on the forms?

    Also is there a particular eviction form required in California or can he simply send a letter saying get out in 30 days and here is why?

    I went to this site, http://www.courtinfo.ca.gov/selfhelp...tenudforms.htm

    but I could not tell which form was needed for this type of eviction.

    Anything in the way of help anyone might post would be greatly appreciated.

    Thanks!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,638

    Default Evicting Roommate

    If the roommate is on the lease, the eviction would have to be by your cousin's landlord. If not - that is, if the roomate is a subtenant who has contracted only with your cousin, has lived there for less than a year, there is no lease, and rent is paid on a monthly basis - your cousin may at any time issue a thirty day written notice of termination of tenancy. If the same is true except the roommate has lived there for more than a year, a sixty day written notice must be given. If the roomate doesn't move out as required by the notice, your cousin would have to begin eviction proceedings.

    If your cousin is alleging that the premises were used for an illegal purpose, he may be eligible to serve a three-day notice; but if he wishes to attempt that approach he would benefit from consulting a local lawyer who handles landlord-tenant matters.

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