My roommate is never paying rent on time, in fact he does it in payments $400 here $300 there etc. He says he doesnt have enough time to look for a new place and that if he cant find a place, well he will be staying in the apt even after the 30 day notice is up. He claims he knows the laws in the state of california and he is going to stay in until he gets kicked out and i will be responsible for everything. he does not have any bills in his name going to my address. is that really possible? can he really just stay there and i am responsible for all fees?
Yes, you have to follow CA law and sue him for Unlawful Detainer (which will harm his credit rating and make it very hard for him to rent another place, which you should inform him of to see if it discourages him from this self-destructive plan).
Please see the "how to" guide linked below.
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Yes, as the tenant can evict your roommate (which is technically your subtenant) in California by using the same procedures as any unlawful detainer action. In other words, you have to serve a 3-day notice to pay rent or quit, and then file the unlawful detainer lawsuit. The fact that you only have a verbal agreement is okay; you can still evict based upon an oral agreement.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
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