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  1. #1
    Join Date
    May 2013
    Posts
    11

    Default Do I Have Any Legal Right to Ask My Roommate to Leave

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

    I wanted to ask for your kind help.

    A friend moved in to my apartment and became a roommate in April 2017.

    Unfortunately, we are not getting along and, if possible, I want to ask him to leave sometime within the next 60 days (instead of 30 days so that he has enough time to find a suitable place).

    The original Lease/Rental Agreement is in my name since I’ve been living there for over 20 years.

    The lease is currently a month-to-month lease.

    However, my roommate signed an Addendum to the Lease in April.

    The Addendum states that as an “Incoming Tenant” and authorized occupant, my roommate accepts all legal obligations pursuant to the original lease/rental agreement and the addendum.

    The Addendum also mentions that all legal rights pursuant to the Rental Agreement are assigned to the replacement tenant.

    In light of the terms of the Addendum, do I have the right to ask my roommate to leave?

    Since I have been living at the apartment for over 20 years and I’m happy there, I do not want to move out and, if possible, I want to stay at the place. So I want to see if I can ask my roommate to leave.

    Any advice or guidance would be deeply appreciated! Thank you!

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Do I Have Any Legal Right to Ask My Roommate to Leave

    What does the lease say regarding terminating tenancy?

  3. #3
    Join Date
    May 2013
    Posts
    11

    Default Re: Do I Have Any Legal Right to Ask My Roommate to Leave

    Thank you very much free9man for your kind attention and time.

    The original lease is from over 20 years ago.

    It was originally a 6-month lease.

    Regarding termination, the lease agreement says the following:

    In the event Tenants intend to vacate the premises on expiration of the term, they must give the Owner at least 30 days written notice of such termination, otherwise such tenancy shall automatically become a month-to-month tenancy upon the same terms and conditions expressed herein.

    Owner may give Tenants at least 30 days written notice that Owner will not allow Tenants to remain on a month-to-month basis upon the expiration of this term.
    Since the expiration of the lease over 20 years ago, I have always stayed at the apartment on a month-to-month basis.

    Would the above have any impact on my situation, and could it possibly give me any right to ask my roommate to leave?

    If so, I would greatly appreciate hearing your thoughts and advice. Thank you!

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