Check out some similar questions!

godzilla1984 · Sep 10, 2009, 10:12 PM

I need to evict my roommate. I am in CA. The huge problem is that she is on the lease. However, I wonder that since she is in violation of some of the lease terms and engages in illegal activity, if it is a possibility. First off, she doesn't keep her area of the house clean. (It's horrifically filthy and smelly). And I am forever cleaning up after her. She has painted Black bats all over her walls. But the big thing is that she uses illegal drugs and opens the house to unsafe people, i.e. drug dealers. (And has given keys to them!) She is financially irresponsible, but that falls into the annoying category. She manages to pay rent at the last possible moment, but it completely stresses me out waiting and wondering. Again, I know that's just annoying and not illegal.
I am desperate to get her out of my life before the next crazy situation happens. Am I stuck until the lease is over? :(
Thank you for any insight.

excon · Sep 11, 2009, 07:04 AM

Hello g:

If she's on the lease, then you have no more right to evict here than she has to evict you... You COULD have the landlord evict you BOTH. That might be better than living in your situation.

excon

godzilla1984 · Sep 26, 2009, 08:23 PM

I have a roommate who is on the lease, however she has deserted all of her belongings and left without paying rent or bills or past due amounts of money she owes me. How long am I legally required to wait until I remove her stuff from the house and change the locks? We have ceased to get along and she refuses to communicate with me in any way.
It's gotten to a point of rediculousness and I want to prepare for the worst.
Any input on this is greatly appreciated.
I am in CA.:confused:

stevetcg · Sep 27, 2009, 04:55 AM

You aren't allowed to change the locks. The landlord would have to have her legally evicted before HE could change the locks.

If you move her stuff she might have legal grounds against you if she tries to reclaim it.

I would speak with a lawyer.

ScottGem · Sep 27, 2009, 05:06 AM

You are in a tenuous position here. Since she was on the lease, you have no legal standing. You are not her landlord and, therefore, can not take any action against her. Furthermore, depending on the wording of your lease, you can be held responsible for the entire rental.

You NEED to talk with your landlord about formerly evicting her. Only after an eviction order is obtained can the LANDLORD remove her belongings and change the locks. Hopefully you can get the landlord to accept your paying only half the rent or maybe the lease will allow that so you need to read ytour lease as well.

Fr_Chuck · Sep 27, 2009, 05:13 AM

Yes, in reality, the person does not have to return to a place they have legally rented for months, and should expect their property to remain safe and secure.

godzilla1984 · Sep 27, 2009, 10:00 AM

--------------------------------------------------------------------------------

I have a roommate who is on the lease, however she has deserted all of her belongings and left without paying rent or bills or past due amounts of money she owes me. How long am I legally required to wait until I remove her stuff from the house and change the locks? We have ceased to get along and she refuses to communicate with me in any way.
Any input on this is greatly appreciated.

All of these laws are making me so angry! I am the 'good tenant', I keep the place clean, I don't damage the place, I am responsible with all my bills, and yet she is the one who is more protected! I am starting to suspect that she has done this sort of thing before. Do I have no recourse or rights? I am expected to fit her irresponsibility bill so that this sort of behaivior is rewarded by the legal system? Garrr!

:mad:

N0help4u · Sep 27, 2009, 10:29 AM

Take her to court to sue for her share of the rent. What state/country do you live in?

ScottGem · Sep 27, 2009, 11:25 AM

First, please don't start new threads for the same issue. If you want to post a follow-up, use the Answer This question options. I've merged the threads for you.

Your problem is not that her rights are more protected than yours. The problem is you have NO legal standing here as you were told this in answer to your first post 2 weeks ago. Have you spoken to the landlord yet? If not, why not? If yes, what did he say?

You have to understand that, since you are BOTH on the lease, then you both have equal rights as tenants. Any action taken against her MUST be initated and managed by the landlord. Why is that hard for you to understand?

There is one and only one recourse for you. If you are forced to pay the full rent because of her illegal actions, then you have grounds to sue her for her share of the rent.

godzilla1984 · Sep 30, 2009, 10:43 PM

Thank you everyone for your responses. And parrrdon me, Mr. Computer expert. I am not a computer expert, and didn't mean to ruffle your feathers.
I have spoken with my landlord, which was completely futile. He is a very nice man, but speaks mostly Thai. (Which is why I am asking ?'s here to try to understand my rights and options). I tried to tell him the situation and he just said how nice it was, and how nice it was to talk to me. He indicated that it was between me and my roommate.

Sheesh.

Sow now I am looking at small claims court I suppose.

ScottGem · Oct 1, 2009, 03:24 PM

First, you didn't ruffle my feathers, but starting multiple threads makes it harder for us to help you.

Ok, so the landlord is no help. But you need to find out one specific thing from him. What is he going to do if you only pay half the rent? This is a key issue and you need to know that.