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    Roommate vs. roommate evicitions?

    Asked Oct 4, 2006, 03:38 PM 13 Answers
    I am on a lease to rent a room.
    I found another person to rent the other room.
    I have lived at this house for 3 years.
    He has lived here for two months.
    I want him out because he is a nuisance.
    My rights as a tenant does not specifically state me as a Principle Tenant, but I've been here the longest.
    The property office have no signature from him as a person who leases.
    When I rented to him, it was verbal.

    I served him a 30 day notice to terminate, but I know he is not going to leave.
    If we go to court, I have no written approval from landlord to act as Principle tenant, other than the factthat I have lived here since 2004 and I have a signature of lease with the property office.

    Will the court dismiss my case because I am not consented as principle tenant?
    I know that verbal agreements are legal and that even people w/o a written contract have certain rights also.
    I am afraid to have a losing case that would be a waste of my time and money.
    I am 36, work two jobs, and go to night school. He is 24, works maybe six days a month and goes to school.

    Also, he brought a pet into the house when the contract lease says no pets w/o consent of landlord.
    If he is not on lease then does that clause affect him?

    The property office say that they do not want to get involved with this, dismissing this as personal conflict issue.

    What can I do?
    Lawyers want 800 bucks which I don't have.
    Filing complaint in court cost 300 bucks.

    I am doing this by myself... stuck w/o lawyer.

    Need some help

    I live in Santa Cruz, California...

    Last edited by Curlyben; Oct 4, 2006 at 10:52 PM.
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    13 Answers
    LisaB4657's Avatar
    LisaB4657 Posts: 3,657, Reputation: 533
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    #2

    Oct 4, 2006, 06:36 PM


    Does he pay rent to you or to the landlord?

    If he pays rent to you then he is your subtenant and you have the right to go to court and file for eviction. If he pays rent directly to the landlord then only the landlord can file for the eviction.
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    RickJ's Avatar
    RickJ Posts: 7,694, Reputation: 855
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    #3

    Oct 5, 2006, 02:31 AM
    Correct, but only if
    1. you have a lease agreement with the guy (which is considered a sub-lease), and
    2. If this this sub-lease is either permitted, or not prohibited, in the lease you have with the landlord.

    (See page 34 here)
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    mjs94080's Avatar
    mjs94080 Posts: 3, Reputation: 1
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    #4

    Oct 5, 2006, 11:26 AM
    But he's not on any lease.
    I'm on a lease.
    The prperty management don't have a lease agreement with him.
    I was left to rent the room.
    The property mngmnt also gave me a 30 day notice to give to him, but mngmt doesn't want to get involved.
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    RickJ's Avatar
    RickJ Posts: 7,694, Reputation: 855
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    #5

    Oct 5, 2006, 11:36 AM
    I'm sorry to say, but you're stuck. You both live there and only you have a lease... so you can't evice the roommate who has no lease. And even if the landlord wanted to evice the roommate, he would actually have to evice you "and all other occupants".

    Again sorry to say, but your options are: Hang in there while trying to convince to roommate to move - or move yourself.
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    ScottGem's Avatar
    ScottGem Posts: 61,855, Reputation: 5752
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    #6

    Oct 5, 2006, 12:19 PM


    You didn't answer who does he pay rent to.
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    RickJ's Avatar
    RickJ Posts: 7,694, Reputation: 855
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    #7

    Oct 5, 2006, 01:58 PM
    It really does not matter who the rent is paid to. If your roommate is not on the lease then you are the only one legally responsible to pay rent for the apartment. Any deal you have with the roommate would not fall under landlord-tenant law.
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    LisaB4657's Avatar
    LisaB4657 Posts: 3,657, Reputation: 533
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    #8

    Oct 5, 2006, 02:02 PM


    Sorry, Rick, but I must disagree. If the roommate is paying rent to the OP and not to the landlord, then the OP is the sublandlord and the roommate is the subtenant regardless of whether there is a written agreement. That would give the OP the right to have the roommate evicted.
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    mjs94080's Avatar
    mjs94080 Posts: 3, Reputation: 1
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    #9

    Oct 5, 2006, 02:37 PM
    Then I would be wasting time and money going to court?

    I read the lease agreement and it says in a clause that, Tenant shall not rent or lease without the landlords permission.

    The household previous to me has always just rented to the next person without the landlords dealing with finding another person. If I have to go and look for a new tenant, doesn't that make me a principle tenant? Even w/o written approval of the Landlord confriming me being a principle tenant with responsibility of filling the vacant room?

    The person I want out, sends his check to the LL. Basically, a person on lease(me) paying rent to LL and a person not on lease(him) paying rent to LL.

    This is complicated!

    He also has a pet in the house.
    The clause in the lease says that there are no pets allowed and that no pets shall be housed w/o written approval and deposit to the LL.

    If this guy is not on the lease, does that still apply to him and his pet?
    Or does it not affect him cause he's not on the lease BUT still renting and sending checks to the LL?

    I got to get this guy outa here!
    Its riduculous!
    I have lived through two different households in this house and it has always been a mellow working class type of household.
    Now its like living in a college dorm!
    I'm 36, I work two jobs, and this guy is taking over the house as if he has lived here longer than me!

    Hes arrogant disrespectful and rude, not to mention he lacks common courtesy!

    I cant even afford a lawyer!
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    LisaB4657's Avatar
    LisaB4657 Posts: 3,657, Reputation: 533
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    #10

    Oct 5, 2006, 04:07 PM
    If he's paying rent directly to the landlord then the landlord is the only one who can have him evicted. Go to your landlord and start complaining.
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