View Full Version : Roommate that won't leave
CynLeeV
Jan 22, 2007, 09:48 AM
I have been living in my apartment for 7 years. Last March I let a friend and her daughter stay with me for 2 weeks which has turned into almost a year. Things were fine at first but now they are weird and I want her out. I told her she needed to leave and she is looking for a place but is being impossible to deal with. I want her to leave now but she keeps telling me that I am not kicking her out. I just want her to go. I don't know what to do now, the manager keeps asking me when she is leaving I have no answer. She does pay me rent and I think the manager put her on the lease for legal reason I assume but I want her out, what should I do?? I am in California
pluckyflamingo
Jan 22, 2007, 09:51 AM
Is she on the lease at all?
ScottGem
Jan 22, 2007, 09:55 AM
Has she ever paid you rent? If so, then she is your tenant and you have to follow CA laws to evict her.
CynLeeV
Jan 22, 2007, 10:03 AM
She is not on the lease and she does pay me some money, not enough.
ScottGem
Jan 22, 2007, 10:39 AM
By paying you some money, she established what a court might consider a tenant/landlord relationship. Therefor, to be safe, you would have to follow CA law to evict her. You will find a link to CA law here:
https://www.askmehelpdesk.com/real-estate-law/state-landlord-tenant-laws-other-helpful-information-25845.html
CynLeeV
Jan 22, 2007, 10:40 AM
Thank you. I called the manager and he is going to see what he can do.
CynLeeV
Jan 22, 2007, 11:09 AM
She pays me rent but cash, there is no receipt. Is that something that would help me?
excon
Jan 22, 2007, 11:17 AM
She pays me rent but cash, there is no receipt. Is that something that would help me?Hello Cyn:
Not unless you want to lie about it.
excon
ScottGem
Jan 22, 2007, 11:27 AM
You can treat her as a trespasser and tell her to get out by such and such a dae and then change the locks on that date. But if takes you to court and testifies she was paying you rent, you might have a problem.