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This is a bit complicated but I need some help. I have a…

Hi! This is...

Hi! This is a bit complicated but I need some help. I have a subletter in my apartment who has been very hostile towards the other roommates but has technically not done anything illegal yet. Our rental agreement was through text only and we only agreed about how much rent money she had to pay to stay for the summer, and she has paid rent for the end of June and for the month of July so I do not have any grounds to say that she has violated our 'contract' she has only been living there since June 20th (so less than 30 days). I am not in the country because I am studying abroad and I do not know how to get her out of the apartment. I do not have any information against her.

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

California, Los Angeles, USA. I am an undergraduate student at UCLA so the apartment is in Westwood.

Lawyer's Assistant: Has any paperwork been filed?

No

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

We gave her a note saying the following information this morning, hoping she would agree to leave peacefully but we think she will just ignore it. "I understand that things are uncomfortable for you and the other tenants in the apartment right now and I do not want you or the others to be living in such an uncomfortable situation any longer.
I, Sarah Simko, know that our original agreement lasted until September 20th 2018 however, I am willing to offer you $315 (half of a month’s rent) in addition to the returned prorated rate for the remainder of the month if you are willing to move out by Wednesday July 18th, 2018. Please contact Chelsea, one of the other tenants, or myself regarding your decision before this date."

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Customer reply replied 1 month ago
The document I tried to attach is a notice we left taped over her bed this morning, in hopes she would peacefully agree to leave. The roommates think she will just ignore it. I want to know if I have legal grounds to give her an eviction notice for causing significant problems with the other tenants so much so that one of them is too afraid to sleep the night in her own apartment and has been sleeping elsewhere. Since it hasn't yet been thirty days, I thought this may be possible? Our landlord says he cannot legally kick her out since the agreement she made was with me, not him.
Answered in 13 minutes by:
7/15/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

I'm sorry to hear about your situation. You have legal grounds to evict; however, you may have to wait until the middle of August to do so.

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CA usually requires 30-days written notice to evict a tenant like this one It doesn't matter whether your agreement was in writing or done orally. In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. In this case, you can just say that you no longer wish to rent out the premises and that their status as a tenant is terminated in 30 days from today. You should leave it on her door and email her a copy as well.

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If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

Because I value input, I would like to know what other questions did you have for me today that I can help out with:-)?

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Customer reply replied 1 month ago
Okay :). So I can give her an eviction notice today saying I no longer wish to rent out the premises and that her status as a tenant is terminated in 30 days from today? I'm not sure I understand what you mean about waiting until August? I was supposed to move back into my apartment in mid September. She has blocked my phone number so I have no way to directly contact her besides giving information to other roommates that they can pass on. Whenever they try to talk to her though she starts to yell at them, she tells them "I'm warning you" "Stay away from me" "Never talk to me."
Customer reply replied 1 month ago
At what point can the police become involved?

Correct. You can give her a notice that you no longer wish to rent the premises. You would need to wait until August because if you submitted it today, the earliest that she would be required to leave would be 30 days from now (August 15th). The police would only become involved if you a) sent an eviction notice; b) August 15th passes; c) she still doesn't move out; d) you file an unlawful detainer lawsuit against her; e) you win the suit; and f) the court issues an order directing the sheriff to remove her. The only other way they'd get involved is if she is doing something illegal, such as using drugs or engaging in violence, on the property.

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Did you have any other questions for me today? If not, were you satisfied with my service today:-)?

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Customer reply replied 1 month ago
This website says that a three day notice can be given under certain circumstances. Is harassment against other tenants and causing significant problems with them and causing them to feel unsafe in their living space, does that count as a reason to do a three day eviction notice? https://apeopleschoice.com/how-to-evict-a-roommate-in-california/

You could make the argument that harassment against other tenants is enough if they reasonably feel unsafe; however, that would be risky to do because if she sues you for an unlawful eviction, it could just prolong things. So, yes, you could do the three-day eviction, but you should be prepared to explain to a judge why this was harassment. See if you can get statements from the other tenants there, any police reports, or anything that would support your case.

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Customer reply replied 1 month ago
Ok thank you so much! That's all for now.

The pleasure is all mine! Unless you have additional questions, there’s just a few other things I’d like you to know before we wrap up this conversation:

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  3. For your benefit, you can also click here in the future to request me individually.

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Legal Eagle
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Customer reply replied 1 month ago
Could you please define harassment in a way that my roommates can write out their statements to explain how she has been harassing them?

You should look at CCP 527.6(b)(3). It generally defines it as:

“Harassment” is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be that which would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner.

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This is ordinarily for people who want a restraining order, but you could use it as a basis.

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Customer reply replied 1 month ago
ok thank you

No problem!

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Customer reply replied 1 month ago
Is it within my rights for the bed to be removed from the room?

Don't move the bed until she's left the premises. If you do that, it would be considered a "constructive eviction," meaning she could sue.

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Customer reply replied 1 month ago
okay, I understand.

Thanks so much!

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Customer reply replied 1 month ago
What if my roommates moved the bed from the bedroom into the living room (not out of the apartment)? Is that any different? They are really desperate to get her out but I am desperate not to make a mistake that will haunt me legally for the rest of my life. Would that be illegal or grounds for disadvantageous claims against me?
Customer reply replied 1 month ago
30 DAY NOTICE: TERMINATION OF TENANCYDear Cherie, current sub-letter of Apartment #204 in*****I, [my full name] , no longer wish to sublet or rent out the premises of apartment #204 in*****as of Monday July 16th, 2018.Your status as a tenant will be terminated in 30 days from today. Unless you accept the previous notice left in the room, you are still responsible for the payment of prorated rent for any days you remain in the apartment.Please vacate the premises within 30 days, before August 16th, 2018.Cordially,[my full name]
[my email]
[my cell phone number]
Customer reply replied 1 month ago
Is this a proper eviction notice?
Customer reply replied 1 month ago
Or is it more appropriate to say "30 DAY NOTICE: TERMINATION OF SUB-LETTER STATUS" and "Your status as a sub-letter will be..." ?

Hi, because this chain is getting a little long, would you mind clicking on my profile (click here) and opening up a new question thread. There we can discuss whether your eviction notice is okay. As far as your other questions pertaining to the bed:

1. Do not move the bed at all. Desperation leads to legal mistakes and if this person is already unstable it'll make your lives more difficult.

2. Yes, it would be disadvantageous in part because she could consider it an improper eviction and you don't want to make this harder.

Thanks!

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Customer reply replied 1 month ago
Okay, for sure. I just opened up a new thread.

Beautiful. Thank you! I'll take a look once the request comes my way.

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Customer reply replied 1 month ago
You never responded to my new message. Did it never get through?

Hi, I was actually about to message you and tell you that I didn't receive anything. Give me just a moment to see why that's the case. One sec...

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Ok, I see the problem. It's possible you may have posted it in a different category like tax or tech. It's saying I'm not able to access it. Let me alert the moderators so they know because the question is probably hanging in limbo.

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Customer reply replied 1 month ago
I see. I'm sorry. I clicked on the link you sent and submitted a new question under what appeared to be your account, it's my bad if it was submitted incorrectly.

It's not a problem. I alerted the moderators so they can repost that question. My apologies for the delay. Technically, it can get a little complicated, but you'll get your question answered. It'll just be a moment while they rearrange. Thanks!

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Customer reply replied 1 month ago
Do you do calls online or just phone calls over the phone? How long can I speak with you for 60$? I am in Cyprus ( in Europe) studying abroad right now so a normal phone call would be expensive for me because I would have to pay for the minutes in addition to paying to talk to you. However, I need to get some more questions answered quickly so a phone call would be nice :)

I understand. So, I think the system may have automatically asked you for a call. I don't send out those notices. It's a $60 USD flat fee. Your time is unlimited and you'd speak with me directly over the phone and I can answer whatever questions you may have. I would call you at the # you provided. I 'm not sure if you'd be charged roaming charges or some other fee by Cyprus, but generally if it is a US based #, I can call you.

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Customer reply replied 1 month ago
Ok, I guess that's fine. So I click the 'call me" button?

Ok, so the moderators might be taking longer than I would like. I'll just answer your additional question here. No biggie:-) I have made some edits to your notice.

Dear Cherie, current sub-letter of Apartment #204 in*****

I, [my full name] , no longer wish to sublet or rent out the premises of apartment #204 in*****as of Monday July 16th, 2018.

Your status as a tenant will be terminated in 30 days from today. Please note that you are still responsible for the payment of prorated rent for any days you remain in the apartment.

Please vacate the premises within 30 days, before August 16th, 2018.

Cordially,

[my full name]
[my email]
[my cell phone number]

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I only made one minor change.

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Customer reply replied 1 month ago
Okay. Was the change the title in caps being omitted?
Customer reply replied 1 month ago
I will have that put up asap then. My roommates keep texting me asking what "the solution to this problem is" they want to get her out as soon as possible. They want me to give them permission to do something but I feel like I can't do anything legally besides this... which will not make them happy because they want her out now.

I actually only changed this paragraph from this:

[Your status as a tenant will be terminated in 30 days from today. Unless you accept the previous notice left in the room, you are still responsible for the payment of prorated rent for any days you remain in the apartment.]

To this:

[Your status as a tenant will be terminated in 30 days from today. Please note that you are still responsible for the payment of prorated rent for any days you remain in the apartment.]. I

I can understand that they're unhappy, but trust me when I say that a) it's not out of the ordinary and b) they'll save themselves a ton of headaches and c) an ounce of patience will be worth a pound later on.

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Customer reply replied 1 month ago
Yeah I know. I wish they were more understanding but they are in crisis mode right now and its all my fault so I'm trying the best I can to right this awful wrong I've done in being so irresponsible with this whole subletting situation. They want to know if you have any advice regarding what they should do to encourage Cherie to realize that her finding somewhere else to live would be the best for everyone involved, including herself?

I think that if you pool your money together, make her a cash offer to get out, that is probably going to be the quickest and easiest method. Otherwise, the law would require that everyone go through the process, as painful as it may be.

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Customer reply replied 1 month ago
Oh ok! I'll make sure that change gets included then :) Thank you for looking at it!! (In the previous message I meant I know my roommates should be patient not I knew what change you made, sorry if that came across wrong)

Gotcha. Thanks so much!

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Customer reply replied 1 month ago
do you have any advice for them to do something to convince her to leave?

Yup. I think that the messages are coming through a bit late. I'll repost what I put earlier:

I think that if you pool your money together, make her a cash offer to get out, that is probably going to be the quickest and easiest method. Otherwise, the law would require that everyone go through the process, as painful as it may be.

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Customer reply replied 1 month ago
Oh, I see. I made her a cash offer of half of a month's rent in addition to returned prorated rent for the remainder of the month if she agrees to move out by Wednesday. But she has ignored the note we left for her. Maybe if I offer her more money? But that's just depressing.

I know. It's not an easy choice, but basically money or time are going to be the hings that assist you and everyone else through this;-/

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Customer reply replied 1 month ago
They want to know if the landlord is allowed to 'compel' her to provide some sort of identification?

Could you help me understand what the purpose of that would be?

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