How canI get ride of a person that’s not on the lease?

UPDATED: Aug 23, 2011

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How canI get ride of a person that’s not on the lease?

She was my girlfriend at one point. Then she decided to move in her boyfriend. I don’t want to go 3 ways on rent. I made a report to property management and it seems that they don’t want to do anything.

Asked on August 23, 2011 California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have your former girlfriend living in your apartment where you are the only one on the lease and she has now moved her boyfriend in, you need to serve both of them with a thirty (30) day notice of termination any sublease that they may have with you under California law to get them out of your apartment.

If they do not move after thirty (30) days of being served with the notice of termination of any lease they have with you, your option is to file an unlawful detainer in the Superior Court of California against them, have them served with it, and see if they answer it or not. If not, you can take their defaults. If they answer, you will need to go to court ask the judge for an order of eviction against them.

You might consider contacting your county bar association to see if there is a program with this organization to assist you in what you want done.

Good luck.

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 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.

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