How can I makeone of my roommatesleave?

I am a mother to a 9 year old boy and currently I am living with a roommate that is verbally abusive. For the past few months we have approached about several issues. For starters he has a dog which he fails to take care of him properly he gets mad whenever we ask him to clean up after his dog. Today we received a notice from the city which states that the dog isn’t even licensed. The dog situation is mainly the main cause why the arguments started. Recently he asked us if his friend a 56 year old man stay the night. I told them that because I didn’t know him I didn’t feel comfortable letting him spend the night. Today when I got home we asked the man to leave. At first he failed to leave and so I called the cops. This is an example of just two incidents. Tonight I decided that I just do not feel safe living with this man or having my son in this environment.. We spoke to the cop and he basically told us that we cannot kick him out. I guess it has to be our landlord. If for some reason my landlord fails to kick him out can I break out of my lease without penalties?

Asked on December 2, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have a written lease with your landlord for the unit that you are writng about, is your roommate also a signed tenant under the written lease as well with the landlord? If not, does your roommate have an oral agreement with your landlord for the unit to be where he is?

If not, does your roommate have some sort of an agreement with you to be in the unit? The reason for this question is that if the roommate who is giving you problems is your tenant, then you simply give him a 30 day notice to vacate and see what happens.

If he has a lease with your landlord like you do, it seems that you need to speak with your landlord as to how to best resolve the situation. If you are on a month-to-month rental for your unit, then perhaps you simply give your landlord notice in writing that you are ending your lease.

I suggest that you consult with a landlord tenant attorney further.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.