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.
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..