We are having several problems with our roommate:
a)She pays rent a day late or so every month and hasn't paid for Nov. yet.
b)She is moody and rude to everyone in the house. She creates unwanted drama and,
c)She's messy
All of the roommates want her gone. But our problem is that she isn't on the lease. We don't know what to do legally. We are under rent control in SF and landlord isn't being much help. This is already becoming a huge problem. What should we do?
2007-11-04 13:54:23 · 14 answers · asked by DesignThis 2 in Business & Finance ➔ Renting & Real Estate
California tenant landlord rights makes it clear that you can only consider one trespassing if you are the owner of the property, they are living with you and dont sublet to anyone else. Neither is the case here.
Your landlord doesn't care,............he's getting his $. This is your mess not his.
He would have to evict, you cannot legally evict her. The advise above is from someones 'feelings' about how it should go. Not legally. You need see if he will cooperate with you and give her notice that she is not on the lease and must move within 30 days. If she doesn't leave she will have to be legally evicted.
Good Luck
2007-11-04 15:14:28 · answer #1 · answered by Anonymous · 2⤊ 0⤋
She does have rights, so you can't legally throw her out.
Let me ask you this: If she paid on time, was a little neater, and more pleasant, would you be happy to let her stay?
If so, then one of you should have a conversation with you. Without blame, or mentioning the desire to throw her out, why don't you tell her that her late payment and her messiness is causing some small problems and ask her to pay on time and pick up after herself. Moodiness is hard to deal with, but I find that people tend to respond positively when people are to them.
You could also have a house meeting and impose new "rules" on everyone about when rent is due and what the rules are for keeping the place clean. Then she won't feel singled out.
It seems to me that she isn't the only one causing drama in the house. Her problems seem to be minor, and the first thing you all try to do is put her out on the street? Come on!
2007-11-05 05:45:57 · answer #2 · answered by rochelletherealtor 2 · 3⤊ 0⤋
If all the leased roommates are of the same opinion and are in total agreement, 1. Do not continue accepting her money, 2. Give her a 30 day notice to find another place to live, 3. Give her that 30 day notice on paper signed by all members on the lease. 4. rent control should not have anything to stop you from evicting this person. If she does not leave willingly call the police and have her removed from the premises.
Good luck.
2007-11-04 14:12:03 · answer #3 · answered by Al B 2 · 2⤊ 2⤋
Don't listen to the people that say she has no rights, they are wrong. If she has been living there, regardless of if she is on the lease, you must give her 30 days notice and then if she does not leave you must evict her. If you put her things out, change the locks or otherwise force her to leave she may sue you ... and win!
You took her rent money from her whether it was late or not, that make her your sublesee and you the sublessor. You have a tenant, congratulations!
2007-11-04 14:19:20 · answer #4 · answered by Anonymous · 6⤊ 0⤋
Design---
i live in California...and the law says if she has been there 14 days or more, (regardless of the lease)...she is considered a tenant...you now have to go through small claims to have her evicted.
this is why almost all rental and lease agreements in California state that if you have visitors past a certain number of days, you will need the permission of the landlord.
in addition, you have to go through eviction because she CAN prove she has been paying someone rent.
good luck :)
2007-11-04 14:28:40 · answer #5 · answered by Blue October 6 · 4⤊ 0⤋
If she is not on your lease, then she has no legal standing when it comes to living there.
I don't know the exact situation, but if this is someone that you are afraid to confront for some reason (ie: she might become violent) then you can always call the police to handle the situation. Of course, the down side of that is that your landlord may get pulled into all of this if the police are involved. (Or they may already know, since you said they were of no help.) California actually has very lenient laws when it comes to "squatters", it is actually near impossible to get someone out of an apartment if they don't want to leave.....when they are legally on the lease. You are lucky in that she is not.
Sit her down with your other roommates (it's always easier to do these things if you have support) and tell her that you want her gone. Then give her a reasonable amount of time to pack her things and find somewhere else to live. You need to be firm, and not cave in if she begs. Be fair, give her enough time to find other accommidations (I would say 2 weeks) and if she's not gone by then, have a few large male friends come over to escort her out with her things. If she gets belligerent, this is the point at which you probably want to involve the police.
I was feeling kind of bad in recommending kicking her out with large male friends.. but I just realized that if you are dumb enough to live in a place, yet are not legally bound there, and not only make a pig of yourself but don't pay rent... well... she made her bed, and she needs to lie in it.
2007-11-04 14:08:34 · answer #6 · answered by jkdawson99 2 · 3⤊ 5⤋
If she has lived there 30 days or more and has received mail there, she is considered a tenant. The only legal way to get her out is through court. And the landlord is the one that will have to do it. He is the owner, not you.
2007-11-04 14:09:55 · answer #7 · answered by kimmamarie 5 · 5⤊ 0⤋
I think you have gotten a lot of great advise, she is not on the lease therefore you can say she is trespassing. I believe the right thing to do is all of you sit her down and tell her she needs to go and give her time at least 30 days, let her know if she becomes unruly before than you will call the police and ask her to be remove because she is trespassing. Things happen and you guys just can't live together,but its know need for it to get ugly.
2007-11-04 14:18:16 · answer #8 · answered by deneansmith@att.net 4 · 0⤊ 5⤋
If she is not a lease holder, then she has no rights to your apartment. You can legally move her belongings outside and change the locks.
I hope I've helped.
2007-11-04 14:04:14 · answer #9 · answered by artistagent116 7 · 0⤊ 5⤋
You take her stuff and put it on the front porch, you change the locks and then if she comes in you call the police because she is trespassing. She's not on the lease so she has no legal rights to stay there.
2007-11-04 13:57:37 · answer #10 · answered by paganmom 6 · 3⤊ 6⤋