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How do I evict a sub tenent who is behind on rent and is not

Customer Question
on the lease? JA: Because laws...
How do I evict a sub tenent who is behind on rent and is not on the lease?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oakland CA
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: terms? it is month to month. no sub tenets but I have had him here since June. His stuff is all over the place blocking access to all common areas. I am the lease holder and need to evict a sub tenet. This person is my boyfriend who moved in in June 2017. I have been living here since July 2014
JA: Anything else you want the lawyer to know before I connect you?
Customer: I need to know if I need just cause to evict him since he is not on the lease and a sub tenent. If I do need Just cause then I need to serve him now.
Submitted: 27 days ago.Category: Landlord-Tenant
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Answered in 13 minutes by:
11/15/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 27 days ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19,969
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Lawyer: Phillips Esq., Attorney-at-Law replied 27 days ago

You need to give him three-day notice to pay rent or vacate. If he does not pay rent, but refuses to move out, then you have to file complaint for unlawful detainer at the Superior Court in your County where you are located in order to remove him from the premises. There is no self-remedy to eviction actions in California. So, you cannot change the locks or throw his stuff out to force him out. You have to use the Court system to accomplish the eviction.

Click here for eviction forms and instructions.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 19,969
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Experience: B.A.; M.B.A.; J.D.

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