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

Customer Question
How do I evict...

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

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

Oakland CA

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

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

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

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: 8 months ago.Category: Landlord-Tenant
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Answered in 13 minutes by:
11/15/2017
Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 22,344
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 8 months 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.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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