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View Full Version : Roommate won't leave


dfink001
Aug 29, 2010, 02:54 PM
Hello everyone,
So here is my situation, I live with my boyfriend, his dad, sister,roommate in livingroom and another lady roommate in bedroom. Me and my boyfriend live in the garage while his dad has a room, sister has a room and lady has her room and our friend steve sleeps on couch. So this lady doesn't do her laundry until 2 or 3 am as well as showering. Weird. She also does not respect that although our friend is just on the couch, he is still sleeping and she turns on all the kitchen lights and makes a lot of noise around 3am. She completely changed bathroom without asking and has already been told verbally we want her gone. However, his dad tried to be nice and let her stay until she was on her feet. Now she is stating we can kick her out, yet they never signed a contract or have a written agreement so is she allowed to pull something like this? What should we do, the cops said we have to go to court and give her 60 top 90 days? This doesn't seem fair when everyone wants her gone and there isn't even a contract.
Please help.

justcurious55
Aug 29, 2010, 02:57 PM
What state are you in? Laws vary from place to place and other members may be able to better help you if they know what laws apply.

ScottGem
Aug 29, 2010, 03:54 PM
Your father owns the property? Or is the primary leaseholder?

As noted, laws vary so ANY question of law needs to include your general area.

However, once a person establishes residency, they have to be formally evicted. Was there an agreement for her to pay rental? Has she been doping so? If not, then you can start with a 3-10 day pay or quit notice. If there is no unpaid rent issue, then you have to give anywhere from a 14-60 day notice depending on local laws.

If she still doesn't vacate by the deadline, then dad has to go to the local housing court for an eviction order. A hearing is held and the order granted. The final step, if she still refuses to leave, is to hire a sheriff to physically remove her.

You can check with your local housing court for the exact eviction process for your area.

dfink001
Aug 29, 2010, 04:20 PM
We live in Long beach California, 90808 and I know she has been here less than 6 months. And my boyfriends dad's name is on the lease, I know they don't own it but we all pay him rent.

ScottGem
Aug 29, 2010, 04:27 PM
Ok then its either a 3 day pay or quit or a 30 day termination notice.