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    harpel's Avatar
    harpel Posts: 1, Reputation: 1
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    #1

    Oct 1, 2010, 09:57 PM
    How to evict a roommate?
    How do I evict a roommate from the apartment I rented? He doesn't pay the rent and not on the lease. He is an illegal immigrant as well. Unfortunately I allowed him to get mail to my address. He doesn't want to give me money nor leave. Is the manager or owner need to know if I want to evict him? I'm in West Hollywood (CA) and I don't know for sure how is the eviction process goes and how long is going to take?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Oct 2, 2010, 02:11 AM
    He's a trespasser, a guest who isn't welcome, not a tenant, and you can call the police. He will probably leave before that since he's illegal. But I would have a few friends over when you tell him and you can all help him get his stuff out the door.
    hannahhunt23's Avatar
    hannahhunt23 Posts: 2, Reputation: -1
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    #3

    Oct 2, 2010, 02:13 AM
    It depends on what state you are in. however, if he is not on the lease, and you two have no binding legal contract, you can kick them out. Whoever is on the lease has the legal rights, not the occupants, listed or not. It doesn't matter if their mail already comes to you. Mail has nothing to do with it. Kick them out, next time you get their mail, just throw it away without opening it, or you can always let the post office know that they are sending mail to the wrong address and that individual doesn't live there.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Oct 2, 2010, 05:06 AM

    Hello joy and hannah:

    You are both WRONG, WRONG, WRONG. Legal advice like that is going to get the OP into LOTS of trouble.

    To the OP: He's a TENANT. He needs to be evicted like ANY tenant. Go to your local courthouse and file for it. It's easy. Fill out the forms, take it to the sheriff for service, and wait a couple weeks.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 2, 2010, 05:38 AM

    Once a person has established residence they need to be legally evicted otherwise the landlord or leaseholder can be sued for an illegal eviction. Since this person is not on the lease he is YOUR tenant so the landlord or management company does not get involved.

    The kicker here is that he is an illegal immigrant. Therefore he is not likely to to want to deal with the government. Give him a written notice to vacate within 30 days or you will file for an eviction order and take him to court. That should inspire him to leave.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Oct 2, 2010, 12:18 PM
    Quote Originally Posted by joypulv View Post
    He's a trespasser, a guest who isn't welcome, not a tenant, and you can call the police. He will probably leave before that since he's illegal. But I would have a few friends over when you tell him and you can all help him get his stuff out the door.

    Joy, please stop giving opinions which have no basis in fact on the legal boards. We take pride in our answers and you are consistently incorrect.

    The Police will do nothing. She cannot just throw him out. He needs to be evicted according to the laws of her State.

    There is no other way to legally do this.
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