What do I do if roommate moved in early and refused to sign agreement, pay his rent/ deposit, got complaints, and now I’m getting evicted?

My boyfriend and I were renting a month-to-month agreement in 2 bedroom apartment. I wasn’t on the agreement but they knew I was living there. My boyfriend had to move to a different county for work. So I continued to live there and paid and some bills were in my name but I paid them all. I took on a roommate; we did a verbal agreement on rent and bills. He moved in 3 days before scheduled due to an emergency. He has been here for 2 weeks now and is refusing to pay, charged up all my bills, and is will not put his name on the agreement. He has a key and is refusing to return it. He threw a party without consent, caused a complaint, and due to his refusals to pay and sign we got 3 days pay or quit. What do I do?

Asked on June 10, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you wish to continue living in the rental that you occupy where you were served by the landlord with a three day notice to pay or quit, then you need to pay the landlord the rent that is due or face an unlawful detainer action.

As to your sub-tenant who is not paying rent, you need to serve him with a three day notice to pay or quit if you want him to remain for rent owed. If you do not want him to remain, simply serve him with a thirty (30) notice to vacate. If he does not leave within thirty (30) days, you will need to file an unlawful detainer action against him and serve him with the summons and complaint. If matters get to that stage, you should consult with a landlord tenant attorney.

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