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

    Mar 30, 2012, 12:28 AM
    How to evitct a roommate
    I live in san jose,ca my roommate has been living the house for four years she refusse to pay utilites is behind on rent how do I evict her she is not on the lease brings all kinds of rift raft over lately moved her sister in do I have to sevre a pay or quit 30 or 60 day notice.she destroyed the last washing machine I bought a new one and have refused to let her use it .she say she won't pay utilities unless I let her use it .
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Mar 30, 2012, 03:45 AM
    Since you are in CA she may be considered a lodger. However, you say she is not on the lease which indicates you are not the owner. So that would remove the lodger designation. See this site for more info:
    California Tenants - California Department of Consumer Affairs

    If there was an agreement to pay rent and she is behind on the rent, you can use a Pay or Quit notice which gives her 3 days to pay what she owes or vacate. Otherwise you have to give her 30 days written notice to vacate.

    Once the deadline on the vacate notice expires, you go to your local housing court to file for an eviction order.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Mar 30, 2012, 04:25 AM
    If you choose to terminate her tenancy rather than relying on the non-payment method of removing her you would have to give her a 60 day notice that her tenancy is terminated since she has lived there longer than 1 year.

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