Landord Tenant

[jalley1959]

My landlord and I are still being harrased by this one roommate and she has not paid RENT now for going on Two months as of Aug. 1st and My landlord and I get along really well as we both work a lot of hours and this other roommate does not even have a job and we're wondering how to go about Evicting her.

My Landlord has already told her to leave and move out as of last month when she did not have her rent money and now yesterday the roommate called the police and asked if she could have a couple of days to find a place to go and the police told her a couple of more days.

I would like to know is there still a 3 day Pay OR QUIT Legal form and law still in place that she could be served with? If so is it available here in this website to print out ? What is the name of it ? If it still indeed exists?

Advise and or steer us in the right direction is greatly appreciated asap!

Thank You

JAlley

 

[MorgansDaddy]

YOU nor your landlord can evict the roommate. ONLY a Judge can do that. It is the responsibility of you landlord to go to the clerk at the local court to start the process. Unless the landlord LEGALLY evicts this person, meaning filing through court and it being granted by the Judge, the roommate will be there as long as they wish.

 

[jalley1959]

Thank you for your reply and input. The landord did serve a THREE DAY PAY or QUIT Notice that California Law has and she is filing it Today. THe roommate is being very annoying and very Rude and playing loud music at Midnight because she knows the landlord and mysself both get up at 4:00 am as we work and need to clock in at 7:00 am.

My landlord told me yesterday that the Police were out and documented the fact that My landlord gave her official legal notice with the official legal form "Pay Or Quit" Three Day Notice that she got from the courts for breach of contract by not paying rent for July and now August is also due therefore, she can legally serve her with Three Day Pay or Quit Notice for non-payment of Rent.

Do you have any advise as to ... Can she keep disturbing the peace and get away with it? No rent has been paid at all ......

THank You for your feedback! I appreciate it.

JA

 

[mightymoose]

You just need to follow the process. If the roommate is still not out after 3 days then you have to return to the court and follow through with the formal eviction process, which could still take another 30 days or more depending on the circumstances.

If you want to speed things along you might try to offer the roommate a couple hundred dollars to help with moving expenses if they move immediately (have the roomie sign an agreement). Once the roommate is out, change your locks and never let them back in.

 

[MorgansDaddy]

You just need to follow the process. If the roommate is still not out after 3 days then you have to return to the court and follow through with the formal eviction process, which could still take another 30 days or more depending on the circumstances.

This is what I meant as well. Just because it is legal to give the 3-day pay or quit notice, does not mean the annoying roommate will leave. If the roommate refuses to still leave, which they probably will, she will have to go through the actual eviction process to have a Judge order an eviction that the roommate can not really ignore.

 

[jalley1959]

Thanks For The Feedback Re: Landlord Tenant Issues


Thank You for your repsonse and feedback! It is very much appreciated!
My landlord and I are so relieved and happy that last evening the annoying roommate was completely moved out.

I discovered this great website that the city of Huntington Beach Surf City Pipeline has and I was able to contact a Seargent of the HBPD and they responded quite quickly via email and a phone call and also had a Patrol Car in front of my home this am and I told the Seargent thank you for the fast response and that the roommate was gone and the landlord is in the process of having the locks changed due to fact that she did not return her key.

This is a very cool web site and the HBPD responds to noise control issues as well as many others and one can keep record of it via this site. I highly recommend it to anyone that is a local of HB CA.

Thanx So Much For Feedback once again.

JA