If I am on the lease to my dad’s house andhe is renting a room out to my brotherwho is not on the lease but he pays rent, can I evicthim myself?

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If I am on the lease to my dad’s house andhe is renting a room out to my brotherwho is not on the lease but he pays rent, can I evicthim myself?

My dad is renting a room out to my brother and sister in law, and they are constantly starting problems with the people that live there, so I want them out. The cops have been called due to fights because of them and there is never ending drama. Is it possible for me to kick them out because they are not on the lease and I am. There is no actual proof that they pay rent but they say they do and I’m just stressed out about them. My dad is pretty old and he is really stressed out about them but he doesn’t want to throw them out. Is there any way I can?

Asked on March 13, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to carefully read the written lease that you have for the premises that you occupy. If you have the entire premises as your rental, then you need to have a meeting with your landlord father about you serving your brother and his wife with a thirty day notice to vacate taking the position that you are subleasing the unit to them even though they pay rent to your father since there is no written lease for the unit.

I suggest that you consult with a landlord tenant attorney to assist you in your matter in order to get a plan to evict the brother and his wife.


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