Landlord rights to evict a roommate during house sale

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alekseyz

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Landlord rights to evict a roommate during house sale.

As a landlord, I'm trying to evict a roommate from my house which is being sold. The roommate doesn't want to move and demands a moving fee of $5k. Him and I don't have any Leas agreements and he lived with me for seven months paying cash on a monthly basis. The roommate is occupying a room which requires him to pass in and out through the main entrance/living-room/balcony which is occupied by me (the owner and primary residency). I.E. the roommate doesn't have a separate entrance to his room. The fact that he passes my dwelling in/out is a great inconvenience for me as well.

What rights as a landlord do I have to evict him. I'm currently at a point of hiring a lawyer because the roommate is not cooperating with me and wants me to pay him even more. Does the roommate (that doesnt have a lease agreement and doesnt have a separate entrance to his dwelling) have the same rights as the Tenant under San Francisco rent controll laws?


What form's if any can I serve him to evict the place? Can it be done for free or do I need to pay anything. Also I'm trying to evict him ASAP as I have potential buyers.
 
As a general rule, a tenant that has no written lease and pays on a month basis has a "month to month" tenancy. These generally can be terminated with a 30 day written notice by either the landlord or the tenant.

However, California has some humdinger landlord/tenant laws that can be quite confusing and it would be best if you contacted a local attorney familiar with these laws.

An actual eviction has to be granted through the court system and it always costs to file for such. The amounts vary widely from state to state. If you hire an attorney to handle the eviction, the price you pay him/her typically covers everything, including the cost of filing.

Gail
 
Thank you for a quick reply. I will definitely proceed with consulting an attorney. The question is, if anyone knows, will I have to pay anything to the roommate/tenant? I don't mind paying attorney and other fees but it would really suck if I legally have to pay anything to the roommate (scum bag) who is clearly taking advantage of the situation.

Thanks
 
Your tenant has no justification for demanding that you pay them to move.

From your description, you are not breaking their lease as they have no lease to break.

Sometimes landlords pay pain in the.....posterior tenants just to get them out of their hair.

Hiring an eviction attorney will cost you some money but certainly not Five grand.

Gail
 
1st I would try threatening to get an attorney and have him evicted. Tell him you will give him $75 to cover renting a moving truck as an incentive. Tell him the choice is his, but either way he will not be living there in the future. Carrot or stick.
 
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