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If i have a roommate that hasnt paid rent in 4 months and is…

Customer Question
If i have a...

If i have a roommate that hasnt paid rent in 4 months and is not on the lease but is receiving mail here without my permission. Does she legally have to have a key?

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?

I am the only one on the lease. Yes a lot.

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

I am going to give her a 3 day pay or quit notice tonight. The only agreement i have had in writing with her is a 30 day notice. She didnt leave though.

Submitted: 2 months ago.Category: Landlord-Tenant
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Answered in 1 minute by:
5/26/2018
Lawyer: barristerinky, Attorney replied 2 months ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,037
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Are you subleasing to this person if you are the only one on the lease?

.

Why doesn't she have a key if she is living there?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
i am renting one of the rooms out to her. I just changed the mailbox lock today. It was broken before. I just put a working lock on it
Customer reply replied 2 months ago
She hasn't paid one penny since she's been here
Lawyer: barristerinky, Attorney replied 2 months ago

Ok, I thought you meant a key to the door.. not the mailbox. But yes if she gets her mail there, you have to provide her access as long as she is legally a tenant. But your recourse here is what you said... give her a 3 day written notice to pay everything she owes or vacate. If she doesn't do either, you can then file a formal eviction action in Superior court as well as a civil suit in small claims court to get a judgment that will allow you to have the sheriff force them out and a judgment against them for the money they owe you.

.

.

thanks

Barrister

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Customer reply replied 2 months ago
What if we dont have anything written stating she has to pay rent?
Customer reply replied 2 months ago
Also what if i previously stated to her verbally that she is not able to use this address to receive mail and she did so anyway. She was only supposed to be here for a little while.
Lawyer: barristerinky, Attorney replied 2 months ago

That means she is a month to month tenant under an oral tenancy agreement.. But she still owes the rent from when she moved in and agree to pay rent.

.

As for not receiving mail, you can't prevent someone from receiving mail where they live...

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Customer reply replied 2 months ago
What if she nust stole my original 3 day notice to pay or quit
Customer reply replied 2 months ago
I had it in my folder and now its gone. She is the only one home
Lawyer: barristerinky, Attorney replied 2 months ago

If you don't have a copy, then you are going to have to start over with a new 3 day...and make sure you keep a copy of it, and take a picture of it with your phone..

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Customer reply replied 2 months ago
I have a copy of it but dont i need to keep the original as my form of proof? Or can i use a copy?
Lawyer: barristerinky, Attorney replied 2 months ago

No, of course not.. you give the original to the tenant.. how would you keep the original if you give it to the tenant?

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Customer reply replied 2 months ago
i can write the proof of service on mine? Or am i wrong to just assume she received it?
Lawyer: barristerinky, Attorney replied 2 months ago

I am not sure what you mean.. you should be handing it to her personally or posting it on her bedroom door and taking a picture..

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Customer reply replied 2 months ago
I had it in my folder. The original. Now its gone. She is the only one home. I believe she took it out of my folder.
Lawyer: barristerinky, Attorney replied 2 months ago

Ok, you mentioned that... so if you have a copy of it, you are good. If not, you will have to start over and put your copy in a safer place and take a pic of it with your phone for proof..

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Lawyer: barristerinky, Attorney replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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