Legal Question in Landlord & Tenant Law in California

Tenant Trouble with 30 day notice

Roommate gave 30 day notice. I feel as though she may try to stay longer than her 30 days. This is a month-to-month agreement. She also violated 2 of her contract terms. Also, if her car is parked on the property after her time lapse, what is the process for removal of vehicle? What are my rights as a landlord? Please help!


Asked on 5/27/08, 2:53 am

2 Answers from Attorneys
James Chau Law Offices James Chau

Re: Tenant Trouble with 30 day notice

you should file an unlawful detainer if the tenant fails to pay rent or quit the premises. The personal property would also be determined in the unlawful detainer proceeding.

A qualified attorney can help you with getting a fast court resolution to a tenant who overstays their welcome.

Good luck.

Law Offices of James Chau

181 Devine St.

San Jose, CA. 95110

http://www.JamesChauLaw.com

http://sanjosefamilylawyer.blogspot.com/

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Answered on 5/27/08, 6:01 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenant Trouble with 30 day notice

Mr. Chau is correct as to the unlawful detainer, but only if roomie is not on the lease.

Otherwise, if you are subletting, you need landlord to file the eviction.

Ditto as to the car, unless I misread your facts, and you you are the landlord.

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Answered on 6/16/08, 7:24 pm


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