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I am currently renting to two people within the home that I…

Customer Question
I am currently renting...

I am currently renting to two people within the home that I live in. Ever since the new renter moved in (a month ago), he has done nothing but complain about the other roommate. I am very unhappy with the arrangement but we technically signed a 6 month roommate agreement. What are my rights?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

He has moved in a ton of furniture into all rooms of the house. It has been really overwhelming. He also "lost his job" two days after moving in. I don't think so although he talks about lawsuits a lot so I'm afraid he may try to find a reason to sue me.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
10/16/2017
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 31,980
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Good morning. What are the things they are complaining about? Has the tenant violated any part of the lease agreement?

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Customer reply replied 8 months ago
He has not violated any part of the lease agreement, no. Although technically we signed a "roommate agreement", I am the owner, and I live in the home.
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Thank you for the reply. In order to have him evicted and removed, there needs to be a legal basis to support it. I say this because if you have something signed, for a six month tenancy, he would need to be in violation, for you to get him out. Now, if the complaining and other actions violate the right to quiet enjoyment, which you and the other roommate is entitled to and this does not cease, that could be a basis that you ask them to vacate and then evict.

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Customer reply replied 8 months ago
Well he called my other roommate names this morning. He keeps following him around, telling him to wash his hands, and other weird stuff. He is claiming that we make too much noise. I own the house and I can't evict someone when I live there?
Customer reply replied 8 months ago
What about moving in too much personal property? It's taking over the public spaces.
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

The public space needs to be shared and if there are issues with what he is moving, can not take away and use it in a way that interferes with others. Moreover, if he is doing weird stuff, that could amount to a breach of the quiet enjoyment. Just because you reside there does not mean you can not evict someone who is in violation of the agreement and you just have to allow them to remain.

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Customer reply replied 8 months ago
ok so how do I go about evicting him? He is also already a day late on rent. Can I just send an email?
Customer reply replied 8 months ago
giving him 30 days?
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

You want to give him the proper notice.

A landlord can use a written three-day notice (eviction notice) if the tenant has done any of the following:

  • Failed to pay the rent.
  • Violated any provision of the lease or rental agreement.
  • Materially damaged the rental property ("committed waste").
  • Used the rental property for an unlawful purpose.
  • Substantially interfered with other tenants ("committed a nuisance").
  • Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
  • Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
  • Using the building or property to conduct dogfighting or cockfighting.
  • Unlawful conduct involving weapons or ammunition.

If the landlord gives the tenant a three-day notice because the tenant hasn't paid the rent, the notice must accurately state the amount of rent that is due. In addition, the notice must state:

  • The name, address and telephone number of the person to whom the rent must be paid.
  • If payment may be made in person, the usual days and hours that the person is available to receive the rent payment. If the address does not accept personal deliveries, then you can mail the rent to the owner at the name and address stated in the three-day notice. If you can show proof that you mailed the rent to the stated name and address (for example, a receipt for certified mail), the law assumes that the rent payment is received by the owner on the date of postmark.
  • Instead, the notice may state the name, street address and account number of the financial institution where the rent payment may be made (if the institution is within five miles of the unit). If an electronic fund transfer procedure was previously established for paying rent, payment may be made using that procedure
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Customer reply replied 8 months ago
he is only one day past the due date. Do I have to give him a longer period of time to pay?
Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

No, you can make the demand, unless there is a grace period, which was agreed to. If he pays upon your demand, it would be moot.

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Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Lawyer: LandlordTenantAnswer, Attorney replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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