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  1. #1
    Join Date
    Jul 2012
    Location
    Los Angeles, CA
    Posts
    2

    Exclamation How to Evict a House Guest / Roommate

    My question involves landlord-tenant law in the State of: CA

    A friend has been staying with me for 9 months. The first two months she was unemployed and did not contribute. She was only supposed to stay for a month but she had no where to go so i helped her out. She got a job and started contributing but now i want her to move out. I first asked her to move out by April but she said she needed more time to save money. It's now June and I've given her a notice that is over 30 days to move out. Her name is not on the lease and we do not have a written agreement between us. She's been late on helping with her share of the bills. She has also verbally attacked me several times when I've nicely asked her to make a plan on contributing. She also has been taking care of a dog which was only supposed to be here for a brief time but has not never left. My lease says no dogs. My lease says that the landlord has no responsibility when it comes to house guests or any thing they damage. She is also getting mail her and all utility bills are in my name. Since I am the primary and only lease holder on the house, can i legally evict her or do i have to go to the landlord to have them evict her? how can i get her to move?

    Sidone

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Evict House Guest / Roommate

    she is technically your tenant so you have to act like a landlord and terminate her tenancy. If she refuses to leave after the proper written notice expires, you will have to evict her through the courts.

    so, if your 30 day notice wasn't in writing, issue a new notice to quit, in writing. Give her 30. If she is still around, file for an eviction.

    If you have something concrete as to what and when she is supposed to pay, you can issue a 3 day notice to pay or quit. If she doesn't pay what she owes, you can file for an eviction.


    You are likely going to either learn to stand up for yourself or have a permanent roommate.

  3. #3
    Join Date
    Jul 2012
    Location
    Los Angeles, CA
    Posts
    2

    Default Re: How to Evict House Guest / Roommate

    thank you for your response, for clarity...

    does an email count as "in writing" ??

    what is considered "concrete" ?? (previous checks and email exchanges)?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Evict House Guest / Roommate

    =sidone;631140]thank you for your response, for clarity...

    does an email count as "in writing" ??
    I'm not certain but I do not believe so, generally, as there is no proof of receipt available. If there was some confirmation of the receipt in a return email or such I would think you could use it then.



    what is considered "concrete" ?? (previous checks and email exchanges)?
    what I was meaning was; was there some specific terms like $XXX.xx/month for rent/ 1/2 of the utilities. Basically, a firm commitment of charges due for a specific period of time. If you have a loose arrangement, it is more difficult to prove they are behind on rent or any other payment they are expected to make because it is hard to prove they owed any specific amount.

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