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Can I evict a subleasing roommate in West Hollywood if I don't have a written agreement? Eviction Grounds

Discussion in 'Eviction, Recovery of Premises' started by westhollywoodtenant, Feb 17, 2016.

  1. westhollywoodtenant

    westhollywoodtenant Law Topic Starter Guest

    Jurisdiction:
    California
    Am I able to evict a roommate who is refusing to leave who sublets from me in West Hollywood? I did not make him sign a roommate/sublease agreement when he moved in and now feel like he is using that against me.

    Here are the facts:

    -I have a lease with my landlords.
    -At this point, the lease is month to month.
    -I have two people that sublease from me.
    -They pay rent to me, and I pay rent to my landlords
    -Other than the initial rent + security deposit and the request to have 30 days should they ever decide to move out in an email, I don't have a written sublease agreement with either of them.

    -One of my subleasers/roommates is refusing to move out.

    -Among other issues, he opened up his business here at this address without ever asking me or getting approval. He uses the address in his website and he also used it for his liquor license importer company from the ABC.

    -He has formed a close friendship with our landlords (they live below us).

    -He is saying that he has an "oral agreement" with the landlords which is as legally binding as my lease agreement.
    -He somewhat tried to dispute that he sublets from me and argued that he has an agreement with our landlords and he's only subject to their rules.

    -He sent me this article as backup about the oral agreement being binding (Vacating a Tenant That Has No Lease)

    -He also threatened that if I tried to evict him then the landlords were going to force us to sign a lease with everyone on it.


    Questions:
    -Do I have grounds to ask him to leave/evict him with proper notice from the premises?
    -Other than non-payment of rent, with the ordinances in West Hollywood, what are the other ways I can evict him?
    -Can he go around me and try to pay the landlords for his portion of rent as a way of trying to establishing an agreement with them?
    -Can the landlords kick me out if I try to evict him (knowing that one of the landlords is friends with Eli?)?
    -Can the landlords force me to sign a new lease that includes him on the lease?
    -Am I in any other danger of the landlords being able to evict me?
     
  2. army judge

    army judge Super Moderator

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    If I were you, mate, I'd give my landlord proper notice and move ASAP.

    If you end up moving, don't ever try the roommate thing again.

    As you can see, roomies always screw you.

    If you simply must stay, you desperately need to hire a lawyer.

    Why?

    If you're in W. Hollywood, I'll bet RENT CONTROL is involved.
    If that's the case, I'll let the licensed lawyer in Cali explain it all to you in great detail.

    You are sitting in the midst of people problems, and a potential criminal firestorm, not of your doing; but there will likely be blowback.
     
  3. westhollywoodtenant

    westhollywoodtenant New Member

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    Armyjudge, what do you mean there will be blowback?

    I love my home and don't want to move. I feel like this roommate/subletter is backing me into a corner to try and force me to move out.

    Do I have no legal recourse or way to evict the subleaser (albeit one without a written agreement) out of my apartment?

    Yes, it's West Hollywood which means rent control is involved.
     
  4. army judge

    army judge Super Moderator

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    If rent control is involved, it's very hard to evict anyone.
    In your tenuous position, you might not have the authority to evict the deadbeat bully.

    I suggest you discuss this matter with the landlord.

    If you do get it settled, don't ever try to sublet again.

    People who sublet tend to do so because they can't rent in their name.
    Why allow them to ruin your name?
     

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