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Roommate Finally Left Can I Change The Locks Now?

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  • 03-01-2008, 11:46 AM
    um2asu
    Roommate Won't Leave Or Pay Rent
    Please help - I have been subletting a house in CA for the last 5 years. My name is not on the lease with the owner but instead my friend who I sublet from is on the lease. I am the one that pays the rent directly to the landlord. I have a roommate who is also not on the lease and typically pays me rent. Recently, he bounced his portion of the rent check to me and refused to pay the fees involved. I understand he is not legally responsible to pay my fees and he did make good on the check. With that said, he also owns two huge dogs for which he does not take responsibility (clean up their messes). Prior to the check incident he recieved a letter telling him what needed to be corrected and he has yet to correct the situation. Our original oral agreement was that he would give 30 days notice if he intended to leave and I would give him 30 days notice if I wanted him to leave. After the check incident esclated, I sent a certified letter asking him to leave according to our agreement. He never picked up the letter and has told me that he isn't going to pay rent and he isn't going to leave. I am a bit unsure of my legal rights in this situation. I am ready to give him a 3 day notice to pay rent or quit but I don't know how effective that will be. Please let me know what I should do to make this happen. I just want him out. Should I change the locks? None of services are in his name (elec., cable, etc.).
  • 03-01-2008, 01:50 PM
    jk
    Re: Roommate Won't Leave Or Pay Rent
    the friend is subletting from you so you are his landlord and your actions posted go to this as you have sent a notice to quit. So, since he is not moving out or paying rent, you get to file an eviction suit against him and probably a small claims court suit to recover the monies owed.

    there are myriad sites that list the California landlord tenant laws but more importantly, there are often local LL/tenant laws that may need to be considered.

    You need to investigate these laws and act accordingly.
  • 03-01-2008, 05:50 PM
    um2asu
    Re: Roommate Won't Leave Or Pay Rent
    Awesome, that's just what I wanted to hear! Thanks!
  • 03-01-2008, 06:40 PM
    panther10758
    Re: Roommate Won't Leave Or Pay Rent
    This site should help you find the answers you need
  • 03-14-2008, 12:24 PM
    um2asu
    Roommate Finally Left Can I Change The Locks Now?
    Back again with the same roommate but a different issue - Based on the responses to my original posting “Roommate Won’t Leave or Pay Rent” I gave him a three day notice to pay rent or quit and a 60 day notice to quit. He didn’t pay rent and he didn’t leave after three days. I haven’t filed the unlawful detainer yet but two days ago he did move out. However, he didn’t return keys and he left some items here. Here are my questions –

    1. Do I still have to file the Unlawful Detainer and pay to get it served?
    2. If I am not interested in the money he owes me and I just want this nightmare over, can I change the locks now that he’s moved out and let him know he needs to set up a time to pick up the rest of his stuff?

    The reason I ask is that he has made multiple threats that he is going to damage the property. An injunction cost roughly 5k here and I don’t really want to pay that either. I just want it over.
  • 03-14-2008, 12:34 PM
    seniorjudge
    Re: Roommate Finally Left Can I Change The Locks Now?
    Change the locks.
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