How can a tenant evict a roommate?

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How can a tenant evict a roommate?

The roommate was never obligated to share the cost of rent or utilities. She was invited to live for free, but has become a growing nuisance to the others living in the apartment. Unpredictable, mentally unstable, aggressive and unruly. She convinced herself the apartment belongs to her and she clams the actual person who holds the lease came to live with her as a free loader. What has to be done to get this person out ASAP?

Asked on June 17, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

How her tenancy is charachterized by the court will determine what you need to do.  She is some form of a tenant here regardless of the issue of payment of rent.  I would consider her a month to month tenant and serve her wth a 30 day notice. When she does not leave you can start eviction proceedings.  I would speak with ana ttorney in your area to do it properly.  If you mess up then you have to sart all over again.  Good luck.


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