I am a renter in a house that is not subject to any kind of rent control. I added a roommate to my home with my landlord's permission (over the phone, not in writing). I made the deal with the roommate and collect his rent, and forward the entire rent to the landlord. The roommate has worn out his welcome with unsavory friends coming over several nights a week, often staying over, and nearly constant shrieky music. No written agreement between him and me, or him and the landlord, I'm afraid. I'm assuming I don't have standing to serve a notice to quit. Do I? I've heard of landlords bifurcating leases and evicting some tenants while allowing others to remain. Is that the best way to get rid of the guy? (Landlord is on board -- the guy is a liability.)
Because the Landlord did not have any agreements with your room mate you alone can evict him directly. However if you fail to perform the landlord can evict you and every one that occupies your unit. You have to file the unlawful Detainer to evict your roommate.
To expand on what Mr. Uzoh said, you are considered your roommate's landlord as what you have a is a master tenant and sub tenant situation. You do have a legally enforceable oral agreement for the roommate's rental. In such situations, the master tenant is treated as the landlord with respect to the sub tenant. This means you will need to serve your roommate a notice of termination, giving either 30 or 60 days' notice depending on how long has been living there (30 days if he has lived there for less than 1 year and 60 days if he has lived there for more than 1 year). You will need to go through the eviction process (the unlawful detainer action) in order to properly evict him (if he does not vacate as required by the notice of termination). You should consult an attorney for assistance.
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