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View Full Version : Evicting a Roommate not on Lease


kayla2178
Dec 13, 2010, 10:21 AM
I am renting a condo through a friend and have a roommate who I cannot stand anymore. We are constantly getting in arguments and her name is no where on the lease. I have spoken with my landlord and he told me that since she is not anywhere on the lease that I can just tell her to get out and I don't need a 30-day notice. I am going to give her one anyway because I have told her to get out in the past and she doesn't. Something tells me the letter will work. I have made a sample letter and at the bottom I am unsure how to sign it (like a title under my name). I am unsure whether I sign it as landlord (I am technically her landlord since she pays me the rent) but then again I'm not the landlord of the condo. Below is a sample of the letter I will be giving to her. Any advice would be extremely appreciated

Thanks, Kayla


NOTICE TO QUIT



TO _________________________, Tenant in possession:



Take notice that your month to month tenancy of the

Herein described premises is hereby terminated at the

Expiration of 30 days after service of this notice on you,

And that you are hereby required to quit and on said date

Deliver up to me the possession of the premises now held

And occupied by you under such tenancy.



Said premises are known as:



__________[name of building]__________

__________[ address ]__________

__________[city, state, zip]__________



This is intended as a 30 days' notice to quit, for

The purpose of terminating your tenancy aforesaid.



Dated: __________________

______________________

Landlord

justcurious55
Dec 13, 2010, 10:54 AM
We have to know your general area to know the laws there.

kayla2178
Dec 13, 2010, 11:09 AM
Oh Sorry. I'm in Northern California

LisaB4657
Dec 13, 2010, 02:17 PM
Your landlord was wrong. You have to give her a 30 day written notice if she has lived there for less than one year. The notice must be 60 days if she has lived there for one year or more. As long as your notice period is correct then your letter is fine. You are legally considered a sublandlord and she is a subtenant but for the purposes of your letter you can call yourself the landlord.

If she hasn't moved out by the end of the notice period then you will have to file a lawsuit for eviction.

Good luck!

ScottGem
Dec 13, 2010, 04:21 PM
As Lisa said, you are her landlord and she is your tenant. Your landlord doesn't have anything to say here. You therefore have to follow the rules for a landlord as she has to follow the rules for a tenant. So you give her notice to vacate and if she doesn't do so by the deadline you file for an eviction order.