Legal Question in Landlord & Tenant Law in California

I have a roommate who is refusing to move out, even though the lease has been terminated early. I am the only one who signed the lease, so the landlord is claiming that I will be held liable for everything, including getting my roommate out of the house. My roommate did not sign the lease, he pays me cash only for rent, I gave him a 30 day notice that the house needs to be vacated by June 1 and he is refusing to leave because he has no where to go and will be "homeless". What do i do? How do I avoid criminal charges against me? What can the landlord do in this case?


Asked on 5/31/16, 1:38 pm

1 Answer from Attorneys

You can't be charged criminally, but you will be personally liable to the owner for rent and any other expenses of holding over past your termination date. If your roommate has paid rent to you they are a sub-tenant, which places you in the same legal position versus them as if you were the owner. You have to go step by step through the process to terminate the subtenancy and if necessary file an eviction lawsuit against them. You also need to be aware that if they have been your roommate for over a year, your 30-day notice was invalid. You are required to give a 60-day notice.

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Answered on 6/01/16, 10:04 am


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