Legal Question in Landlord & Tenant Law in California
If you have a roommate that doesn’t get mail at the apartment but has lived there over 5 months and they are not on the lease. I have given them a text massage 30 day notice, and they agreed. I also have given them a written notice and they have refused to sign it.
Do I have to give them an official eviction notice? If so, can I back date it to the text message?
1 Answer from Attorneys
If they have paid NOTHING, no utilities, nothing, toward living there, there is no notice required. Call the police and have them removed for trespassing. If the police "cop out" (pun intended) as they usually do and say "it's a civil matter" then you can immediately file an unlawful detainer case against them. Again, no notice required. IF however, you took any compensation or contribution for them living there, then you are in a really tough place since that makes them a tenant, and tenants can only be evicted for just cause under the new state law.
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