Can I as a roommate evict another roommate who is not on lease, by having him sign an agreement that he will move out on a certain date?

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Can I as a roommate evict another roommate who is not on lease, by having him sign an agreement that he will move out on a certain date?

I have a roommate also a friend and colleague that has not paid rent for 2 years. He agreed to pay, but has been unable and promises to pay when he gets his large payout that seems to never be coming. If I have him sign an agreement to move out by a certain date and include in that agreement a line like. “I agree to not delay move out with any landlord/tenant court proceedings”. Will that stand up? Do I need to get it notarized or can it just be an agreement in writing signed by both of us? He knows quite a lot about landlord tenent rightsand my fear is that once our agreed upon date comes up, he will delay it further with legal proceedings.

Asked on August 20, 2012 under Real Estate Law, California

Answers:

John Ducey / Law Offices of John G. Ducey,PC

Answered 8 years ago | Contributor

Only a judge can enter an order for possession to force an "eviction".  An agreement with him either notarized or not menas nothing.


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