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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 11 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.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption