Can my landlord evict my roommate immediately after a default judgement entered against him?

Asked 9 months ago - Sacramento, CA

A default judgement was entered against my roommate but because of a stipulated agreement has been signed by me with a departure date of February 24th by 4:00pm my roommate still lives here with me. Can my land lord call the police and have my roommate physically removed at will before February 24th?I responded to the unlawful detainer for both of us because we signed a joint rental agreement not a separate one.

Attorney answers (2)

  1. Samuel George Stamas

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Your message is a little confusing procedurally speaking. It sounds like you and your roommate are defendants in an unlawful detainer action. The roommate didn't answer and consequently has his/her default taken. You, on the other hand, entered into some sort of stipulation to vacate the premises on or before February 24th. If that is the case, then the landlord could theoretically get a writ of possession against your roommate. Whether a sheriff could/would lock out the roommate prior to February 24th depends on when the default was taken and how diligent your landlord or his attorney is. In any event, it sounds like you have made an agreement with the landlord for your part.

    No attorney-client or confidential relationship is created through this communication. Answers to questions are... more
  2. Shazad Z Omar

    Pro

    Contributor Level 15

    Answered . It is impossible to know the rights and liabilities of the roommate without first reviewing the lease and the unlawful detainer action which includes the agreement that you have signed to delay the lockout until February 24, 2014. It would be disadvantageous to give advice without first reviewing these documents because the effect of giving bad advice can result in the roommate being arrested if the sheriff has locked out the roommate from the premises.

    This response is not intended, nor should it be construed as legal advice. Any information provided is for... more

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