What to do if I have 2 roommates who have only lived here for a couple of months and now I want them to leave?

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What to do if I have 2 roommates who have only lived here for a couple of months and now I want them to leave?

However, I also don’t want to be evicted. They haven’t paid me rent for the coming month and they have caused a lot of problems. How do I get them out with out being evicted? They are not on the lease.

Asked on July 2, 2015 under Real Estate Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If these 2 were on the lease, then only your landlord could evict them. However, if the lease is solely in your name, then your roommates are essentially your subtenants which makes you their sublandlord, accordingly you have the right to evict them.

For more information, here is a link to a site that I think you will find to be of help:

http://www.courts.ca.gov/selfhelp-eviction.htm

As to whether or not you will be evicted by your landlord depends on whether or not your landlord even finds out about this situation in the first place. If they do, then the question becomes, did you break your lease by having these 2 roommates in your apartment.

For further advise you can directly contact an attorney who specializes in these cases, a tenants's rights group, legal aid, or see if there is a law school clinic nearby (law schools typically run free/low cost clinics that handle such cases).


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