Can You Kick Out a Roommate Who Is Not on the Lease?

If you are on the only one on the lease and you have a written agreement with your sub-tenant (without a fixed-term tenancy stipulated), you will have to give them 90 days’ written notice of their impending eviction. Some sub-tenants may have access to the Boarding House Act, to Consumer Claims Act, or to common law.

Can I evict my roommate who is not on the lease?

These listed issues are the only reasons your landlord can evict you. However, since your roommate has no lease, you can evict him for any reason, including that you don’t want to co-habitate any longer. If he complies and pays you the back rent during that time period, you must halt the eviction.

How do I evict a family member who doesn’t pay rent?

To evict a non-paying person, you should give the person a 15-day Notice of Termination of Residence. In the Notice, state that she has not been paying rent, and that you are terminating her right to reside on your property as of the end of the month.

How do I evict an unwanted house guest?

You may, however, be able to evict them (terminate the tenancy) with a properly prepared and served 30 Day Notice To Quit under a special provision known as Tenancy At Will. In California, an Unwanted House Guest or Roommate Who Has Never Paid Rent May Be Evicted With A Thirty Day Notice to Quit.

Can you evict someone in 7 days?

At the end of the time period given in your Eviction Notice (usually 7 days or 30 days), your landlord can file court eviction papers. This kind of court case is called a “Forcible Entry and Detainer”. You landlord must have the Deputy Sheriff serve you with a Summons and Complaint.

How much does it cost to evict someone?

The average cost of eviction is $3,500, while the SmartMove tenant screening package costs only $35. With the math on the cost/benefit analysis of running an eviction report, you can pre-screen 10 tenants for the same price of evicting one.

How can Landlord prove someone lives with me?

Proof of other residence: If you are fairly certain that the unauthorized resident is living in your unit, you might ask for proof that they have a different place to live. This might be a lease in their name, or a utility bill.

How do I evict someone who is not on the lease in California?

If you’ve had a friend stay over for a few nights, there’s no need to evict the person — he’s not legally a tenant. In California and most other states, however, if someone has lived in your apartment for 30 days or more, he’s considered a tenant even if he never signed a lease.