I gave my roommate 30-day notice of eviction, but he doesn't move out. What can i do?

Question

I live in 2 bedrooms 2 bathrooms apartment. I currently have a roommate. I told him 3 weeks ago that he has to move out in 30 days. My new roommmates are moving in next week and they can't move their stuffs inside the room if my current roommate's still here. What can i do after 30 days? We are both college students. I only did written agreement when he moved in and it was simple. I didn't know this problem's going to happen. What can i do?

I live in 2 bedrooms 2 bathrooms apartment. I currently have a roommate. I told him 3 weeks ago that he has to move out in 30 days. My new roommmates are moving in next week and they can't move their stuffs inside the room if my current roommate's still here. What can i do after 30 days? We are both college students. I only did written agreement when he moved in and it was simple. I didn't know this problem's going to happen. What can i do?
I live in California.

Answer 1

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If your rental agreement doesn't allow you to sublet then your agreement with this person is not valid. Maybe that means this is really a domestic living situation. Ask around or the local police (non-emergency) will be able to tell you how to motivate this person to move out and move on.

Best wishes,
pup
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Answer 2

Sadly you'll find that the only thing you can do is go to the magistrates office at your local court house and serve eviction papers...what happens then is the person has the papers served and they are given a day (usually several weeks later) to meet with the magistrate who then determines who is at fault. Most of the time they lean towards the renter since the pretty much protects the leasee. If the magistrate sides with you then they give them about 3-4 weeks to move out. If they don't then the sheriff comes and removes the locks, etc.

So it is a real pain...in the meantime legally you can reduce/limit any of their privileges as they had when they are in good standing. Also, if they owe you money and the person doesn't pay they will put a judgement on the person - but typically if they don't pay they really don't care about the judgement affecting their credit.

Good luck.

Answer 3

******* UPDATE CALIFORNIA RULES *********

Deleted everything I just wrong. I know California Rules. I hate to tell you this, but you have messed up a little bit, well a lot. Just read this.

1. California you have to serve them "written notice", not mailed served. You can do that yourself, just hand it to them. Giving them 30 or 60 days. Your choice.

2. You can give them a 3 day "written notice" if they have not paid rent. But if you give them a 3 day, and they pay rent in the 3 days they are safe.

3. If the dont vacate after the 30 days you have to file a "unlawful detainer (eviction) lawsuit". This will go through the court in order to evict them.

Once you file with the court, the judge normally hears the case withing 20 days. The judge will then make a decision and then give them a writ to vacate on a certain day. A sheriff will show up and escort them out.

During the "written 30 days" and the "unlawful detainer (eviction) lawsuit" the landlord cannot do anything unlawful to try and get them out early, ie change locks, turn off the power ect. The fine for the landlord doing anything to hurry the process is 100 dollar fine per day.

You now just have to hope they just move out. If they dont you have to serve them "written 30 day notice" if they dont move then you have to file "unlawful detainer (eviction) lawsuit" with the court, giving them another 20 days plus maybe another 7 days after that to move out.

I have you minimum at 60 days from tomorrow to get them out if they dont leave on their own. Ask them their intention if they say they are staying give them the written notice. I wouldnt do it before if they say I will be out in a week. Get it in writing. But if they dont leave, you still have the process.

Sorry those are the rules. Ive copied a link for you, this will give you all of your rights and all of the tenants rights. This comes directly from the Government of California. You live in one of the hardest states to evict somebody.

Now to my really good advice. Say John thanks for staying here you have been a great roommate. If you can be out 2 days early. It would help me alot and I will give you back half of last months rent. If he says no to that, he has no intention of moving. And start the process because I guarantee he has no intention of paying the next 2 months.

Good Luck.

Answer 4

You did say there was a written when he moved in ?
But not what is said so this is just guess work ,

But , If I told a roommate there were just 30 more days
and they were still there at 31 , I would have the locks changed and put their possessions in a storage unit .

FYI - It has only been 21 days since you told him so he does have 9 more days !

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Answer 5

You don;t say what state and it's a state law matter, so no one can really do much but recite some general principles for you.

Don't live with roommates - too many problems. Have written attorney drafted leases. Hire an eviction specialist attorney for evictions - they are usually pretty cheap and know how to handle these matters quickly and efficiently.

Answer 6

If the apartment is in your name and he signed a written agreement when he moved in- then legally he has to be out at the 30 day mark. If not, call the police and they will make him get out immediately. You have every right to make him get out if you gave him 30 days notice, don't be afraid to use your rights.

Answer 7

frist off look up the landlord tenants laws in your state,because you made a written agreement you have to give a written eviction notice you are acting like a landlord at this point find out you state laws ASAP