Can I evict someone from my apartment if they are not on my lease or can only my landlord do that?

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Can I evict someone from my apartment if they are not on my lease or can only my landlord do that?

I let a “friend” of mine stay with me when they got kicked out of their place, he said it was only temporarily but a year has gone by. I’ve asked him to leave numerous times and he refuses. He’s not on the lease and doesn’t pay rent. Can I, myself, evict him? I’d prefer not to get my landlord involved, as I’m not supposed to have another person living in my apartment.

Asked on July 12, 2012 under Real Estate Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If he paid rent, then he would be a "single lodger" and you would be required to give him a notice period just as long as the rental period (i.e. 30 days).

Since he doesn't pay rent, you don't have to do anything formal.  No notice is required.  Tell him to leave or else the police will remove him.  If he fails to leave call the local police department/sheriff's department, describe the situation and tell them you want to keep the peace and trespass this individual from your property. They will remove him.  Be prepared to show them the lease that lists your name and not his.

Don't involve the landlord, there is no need to.


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