[asgordonLA]

PLEASE HELP! I'm trapped in a roommate situation and unsure of my rights/legal responsibilities.

I am a 34 y.o. female, living in Los Angeles and rented a room to a 34 y.o male in my 2b/2b that I have occupied for almost 8 years – I am the sole lessee. Being the trusting person that I am (have lived/rented to two guys over the past 5 years with no problems), I allowed him to move in without signing the lease and no formal paperwork. After 2.5 months things became intolerable. He became unemployed, unstable, threatening, hostile, self-destructive and reclusive; is doing drugs and rarely leaves the apartment.

On Dec. 5th, I sent him a 30-Days Written Notice to Move Out email (also hand-delivered and certified mailed) which expires today. He has ignored the notice and refuses to move out.. He has not paid me any rent for Jan. or utilities.

I just gave my 30-day Written Notice to my landlord who has been working with me to get him out (so far). They requested he complete a Tenant Application to be included on the lease, which he has also dismissed. I’m waiting to hear back from them today to see if they will release me from the situation and pursue him separately. Unfortunately, I don’t have the money for legal counsel formal eviction process which could take up to 2-3 months to resolve during which I would be responsible for his rent & utilities and would severely damage my credit. He won’t put the utilities in his name -- since I’ve given notice and intend to move, can I legally shut off the utilities?

Bottom line, I’m not dealing with a rational person and he is taking pleasure in seeing me suffer. He knows the law and wants me to take him to court, so he can continue living there, rent/utility free while the court paperwork processes. I suspect he has done this to someone else in the past.

To make matters worse, last week, he threatened to kill himself. LAPD advised me not to enter the apartment alone. I haven't slept there in six days and fear for my safety and the safety of my possessions. I went to the LA Courthouse to file for a Civil Harassment Order and was denied. Since our roommate relationship is platonic, the case does not fall under Domestic Violence and I cannot temporarily restrain him from entering the apartment. I learned that California Law is incredible weak in the area of platonic living situations and the court said I would need to show physical evidence (beyond pushing and verbal threats) that he is dangerous.

Are my only options to move and go into debt or is there another way out? Please help, I am desperate. Thank You!

[N0help4u]

Go to your district court and show that you already went the written certified notice route. Then get him a formal court eviction. Then when that is up you can get the sheriff/constable to formally remove him. The court will explain the whole procedure to you.

[LA4Me]

Appreciate the info, but if I attempt to go the legal route, I will be bankrupt and my roommate knows I don't have $ to fight him. He WANTS me to formally evict him so he has another 2-3 months free rent to fund his drug habit while the CA legal process runs its course. If I lived in Illinois it would take 14 days!

He has nothing to lose EXCEPT his residence. He has no job, no money, no credit and his bank account is overdrawn. Another mark on his record won't make a difference. He has become mentally unstable, dangerous and I fear for my safety. 80% of the apartment contents are mine and I can't enter my apartment without a police escort - so moving out will not be easy.

Since I gave my landlord 30-days written notice, they have wiped there hands clean of the situation. So if he refuses to vacate after my departure date, I am still liable. If they pursue an eviction, it will be an eviction for both of us. I can't afford to damage my clean record and good credit for this and I have to show evidence of physical abuse for the law to protect me.

Are there any other options?

[Fr_Chuck]

No, you merely file for in court to evict him, go to the clerk, file out a form, pay about 80 to 100 dollars and get them officially serviced and get a court hearing in about a week.

Or if he has drugs, call the police and let them go in and arrest him.
Get a restraining order

You have to go the legal route, anything else just gets you into trouble

[Fr_Chuck]

And we are talking about you evicting him, not you being evicted, you are his landlord, you sub rent to him.
So you have to evict him, not your landlord

[henchman4]

Get a court order eviction