Are my roommate and I allowed to kick out our third roommate even if he is on the lease as long as we give him 30 days to vacate?

UPDATED: May 1, 2012

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Are my roommate and I allowed to kick out our third roommate even if he is on the lease as long as we give him 30 days to vacate?

He was smoking illegal substances even after he was warned about it by the landlord

Asked on May 1, 2012 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, tenants may not evict their fellow tenants, even if the other tenant or roommate is doing something illegal or breaching the lease. Only the landlord may evict, and fin a case like this, only for illegal drug use if such violates the terms of the lease or constitutes violation of other tenants' right to quiet enjoyment of their premises (which it may). You can certainly ask your landlord to evict your roommate if he has grounds to do so, but eviction is discretionary--you cannnot force him to evict. Also bear in mind that you will have to pay your roommates share of the rent if he is evicted.

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