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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Roommate Refusing to Pay, No Notice, Refusing to Leave

    My question involves a roommate in the State of: California

    Hello I am the only person on the lease. ! Ok so I have a massive roommate issue and I was wondering if you knew my rights. My roommate physically assaulted me a few, over the fact that she owes me bills. I didn't press charges, but I told her if it is going to be like that she can leave, so she has decided that she would like to do so. But now rent is due and now she is refusing to pay rent. She said they are deciding to move so now she is not going to pay any of may's rent. I dont have the money to cover the $400 and I need to know two things.

    Firstly I will be taking her to claims, over back rent, and all the bills she owes me. (bills dating back to November)

    Second is she within her rights to stay here and not pay the owed rent if she is not on the lease because she is claiming it is within legal boundaries and I am sure it isn't.

    Last I need them out ASAP, tonight, tomorrow whenever, if that means locking them out so be it. But I need to fill that vacancy ASAP to pay this months rent. Them sitting here for a month isn't going to do anything but get me and my other roommate evicted. Because we don't have the money to pay the full rent. But I need to know I am within my legal right to get rid of them if they aren't going to pay, before I get myself into trouble. As stated before her and her roommate are not on the lease, I am renting out the other room in my unit and they have been living here since last July.

    I am hoping you know more than google because I am having trouble finding answers and have no phone to call any of my lawyer family members at the moment.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Roommate Refusing to Pay, No Notice, Refusing to Leave

    If your tenant isn't paying rent give her notice and, if necessary, evict her.

    If you choose to illegally lock out your tenant, she can sue you and you can expect to lose.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Roommate Refusing to Pay, No Notice, Refusing to Leave

    She is not my tenant she is someone who was staying here on a month to month basis with an oral agreement, no written, no sublet agreement. That agreement being if she pays rent for that month, and bills for that month. Then she can live here. I called my aunt who was a lawyer and she said that if they have not paid rent, they have no legal right to be here, and if I have asked them to leave, and they haven't I can lock them out, and if they call the police to explain that they are trespassing being as they are not paying to live here and I no longer want them as guests in my home, and to say that if the police, can do a civil stand by, then they can retrieve their possessions, and leave. She assumes the most they can do after that, is try to sue me in small claims, for damages, at which I would still win, because they are in breach of their oral contract, and they owe me past dues.

    I would just like to check if this sounds accurate to everyone else. There is no way I will be arrested or anything if I lock the door to my own house right? I am the only one on the lease, and I need the house vacated because if I dont have the room rented and paid in full by the 15th then I will be evicted and that is something I cannot afford to do.

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