1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Roommate Moving, Movers

Discussion in 'Moving In & Out, Movers' started by Gloriajean, Oct 10, 2014.

Thread Status:
Not open for further replies.
  1. Gloriajean

    Gloriajean Law Topic Starter New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    My son and I signed a lease to the apartment we rented. We allowed a roommate to rent one bedroom, this is our first month here and I had to explain to landlord that this roommate does not have her share of the rent. Yes, the rent has been paid late, due to the fact that this roommate gave me her share on the 8th day of this month when the rent was due on the 1st. She has damaged the wood flooring in the room to which she sleeps with a window AC that was not in the window but sitting on a crate, therefore the water was leaking on to wood flooring and now she refuses to pay for damages. How can I get her out? She refuses to leave on her own.
     
    Last edited: Oct 10, 2014
  2. army judge

    army judge Super Moderator

    Messages:
    35,120
    Likes Received:
    6,101
    Trophy Points:
    113

    Your only legal option is to evict her.
    In your state, with a little luck, you might have this deadbeat out by February.

    You start by giving the person you want out, a notice to vacate.

    If you get lucky, the deadbeat will leave by his or her own volition.

    If not, then you escalate to stage two, the formal eviction process.

    The notice to vacate varies, and can be as much as 60 days, some peopel say 90 days.

    Read your state law to know what you must do.

    For step by step "how to evict" instructions, read these links:


    http://www.dca.ca.gov/publications/landlordbook/evictions.shtml


    http://www.courts.ca.gov/selfhelp-eviction.htm


    http://www.caltenantlaw.com/Eviction.htm


    http://homeguides.sfgate.com/long-evict-tenant-california-8035.html


    You may not possess sufficient legal authority to evict her.

    If that is the case, your landlord might have to bring the legal action.

    How do you know?

    Read your lease, or speak with your landlord..
     
  3. ElleMD

    ElleMD Well-Known Member

    Messages:
    3,030
    Likes Received:
    496
    Trophy Points:
    83
    Late payment by the roommate or not, you are responsible for paying on time. Where you choose to get the money to pay for the rent is not your landlord's concern. Same goes for responsibility for damage to the unit. That is on you. If you wish to in turn sue this roommate, you can try, but you can still be held responsible. You can not escape liability by blaming someone you allowed to live there.
     
  4. mightymoose

    mightymoose Moderator

    Messages:
    11,478
    Likes Received:
    2,026
    Trophy Points:
    113

    You and your mom are responsible for paying the rent in full and on time to the landlord. The roommate is not even a factor. This problem may lead to your own eviction, especially if the landlord did not approve the roommate.
     

Share This Page

Thread Status:
Not open for further replies.