roommates, Los Angeles, Rental laws, roommate dispute
2007-10-26 18:23:00 · 9 answers · asked by Milo. 1 in Politics & Government ➔ Law & Ethics
The contract of lease will be the determining factor for ejecting a lessee just like your roommate.
2007-10-26 18:26:56 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
No, you don't have a legal right to make her move out just because you moved into the place six months earlier than her and you have a month to month lease.
Even if you have a sublease with her, where you are leasing the apartment to her it will still be very hard to pull off an eviction. At least up here in San Francisco you need to get the Sheriff's office involved to perform the eviction, and that's assuming you go to court and get the eviction order. I don't know what you have to do in LA but it is always a hassle to get rid of someone. From a cop a while ago she said that once you live for 2 months in the apartment you are considered a resident, and the only way for eviction is through the Sheriff's department. Good luck.
2007-10-27 01:29:28 · answer #2 · answered by bandkanon 2 · 0⤊ 0⤋
You don't have the legal right to make her do anything - only a court can do that.
A very important part of determining whether or not you can ask a court to force her to leave depends on who is on the Lease. It sounds like either you have a Lease with your landlord and then you subleased a room to your roommate OR your landlord leased a room to you and a room to your roommate.
If you subleased a room to your roommate, then you need to look at your sublease to find out how to terminate it. If there was no written sublease, then you must give your roommate 30 days notice in writing (I would send this by certified mail). If she refuses to leave, then you need to go to your county court house and find out how to evict her.
If your landlord leased a room to you and a room to her - there is nothing you can do to evict her.
2007-10-27 02:23:05 · answer #3 · answered by Dina K 5 · 0⤊ 0⤋
I believe it depends on who's name is on the month to month lease. If you signed the original lease and then just allowed your roommate to move in and she/he was never/has never signed the month to month lease...I would bet that you can ask them to move out or move them out when they aren't home by putting their belongs out the front door. They aren't on the lease, they have no legal right to stay. If you are both on the lease, month to month, and you aren't happy...You move out and move on to a better place....let them pay the rent all by themselves....But give your notice that you will no longer be signing the lease on a month to month basis...
My thoughts any way.
Good luck
2007-10-27 01:28:48 · answer #4 · answered by Churryl K 2 · 0⤊ 0⤋
If she is not on the lease I believe that you can have her removed. Because technically she is living there illegally.
Month-to-month lease depends on the contract. If it says in the contract that as long as she pays on time then there is really nothing you can do.
2007-10-27 01:26:43 · answer #5 · answered by Max Power 3 · 0⤊ 0⤋
You must go through a judge and have the judge issue an eviction notice...yes you can have her removed, but she legally has between 30 and 45 days, depending on what the judge decides...
2007-10-27 01:45:17 · answer #6 · answered by josh6293 2 · 0⤊ 0⤋
You would need to check with your local tenant guidelines. I'm quite sure though if she was in a month to month lease also with your landlord that the landlord would need to give her a notice to leave, if she has a month to month agreement/lease with you then you would have the right to give her notice to leave. You would need to research the guidelines of the timeframe you would need to give her unless stated right in the lease.
2007-10-27 01:27:15 · answer #7 · answered by baby1396 1 · 0⤊ 0⤋
Give her a good reason and a month's notice.
2007-10-27 01:26:07 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yep.
2007-10-27 01:28:52 · answer #9 · answered by Anonymous · 0⤊ 0⤋