How do I evict a housemate not on the lease?
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How do I evict a housemate not on the lease?
I am the sole leaseholder of a house here in San Francisco. I rent a couple of the rooms out. About 8 months ago, I rented a room out to a friend of the current housemate. He is not on the lease nor did he sign any rental agreements with me. He has been consistently late with rent, loud, overall just a bad housemate. I decided to write up room rental agreements for both housemates, specifically stating that in 30 days rent will be due on the 28th of every month. He refuses to sign it. Can I just give him a 30 day notice because it’s not working out? Or must I follow eviction?
Asked on October 4, 2010 under Real Estate Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
In a situation such as this you will need to serve notice (in this case probably a 3-day notice; in other situations a 30-day notice is required). If your tenants don't remove themselves from the premises within the time period that you specify in the notice you will then need to file for an "unlawful detainer" action (ie eviction). Since there are specific steps/forms required you really should review the follow materials before going any further:
http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land.htm#ending
http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land.htm#ending
http://www.dca.ca.gov/publications/landlordbook/terminations.shtml
After looking at this material, if you still have any questions, you should consult directly with a real estate attorney in your area.
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