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  1. #1
    Join Date
    Jan 2006
    Location
    california
    Posts
    1

    Default kicking out my roommate or lodger, plz help!

    I rented a room in my home, which my parents legally own last April 2005. I did not have her sign anything, she is not on the lease or any of the utilities which are all in my name. She pays half the rent directly to my father, the building owner and half the utilities to me. We have not gotten along for some time now, and on Oct 31st, 2005 I asked her to move out. I wanted her out by Jan 1st,2006 and she asked if she could stay until Feb 1st, 2006 based on vacation plans she made for January. I agreed. I did not give her written notice at that time. I thought our verbal agreement was enough. I asked her this week if she had found someplace to move to by Feb 1st as I am lining up my options for Feb. She did not take the vacation she was planning this month, Jan, after all.
    She is demanding a reason for my asking her to move. She says she will move when she is ready and that a 30 day written notice at this point does not apply to her since she does not have any written lease or agreement with me. She has threatened me with Court.
    Would she be considered a roommate, or lodger, and what difference is there???
    My father has written up a 30 days notive to vacate and has signed it as the landlord.
    What options do I have and what should I do? I live in southern California and really just want her to leave as soon as possible.
    Thanks for your advice!

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

    Default Evicting a Roommate

    The dwelling is not owner-occupied, so normal landlord-tenant laws would appear applicable. Your father should commence an eviction action if your roommate fails to respect the notice to quit.

  3. #3
    Join Date
    Feb 2006
    Location
    Kansas
    Posts
    5

    Default Lodger removal

    From my past experiance. If the other occupant has been in your dwelling for more than 30 days, chances are it will require a court appearance to have her evicted.

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