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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I live in Sunnyvale, California. I live in a three bedroom

Customer Question

I live in Sunnyvale, California. I live in a three bedroom rented townhouse. My landlord has asked me to move out on a 'no cause' basis. I suspect they want to remodel and then double the rent to a new tenant. Rents have gone up dramatically here in Silicon Valley. My roommates do not want to move. I do want to move. But I pay the rent and the roommates pay me not the landlord. It is expensive here so I make the rent affordable by renting the rooms after my girlfriend and her kids moved out a couple of years ago. I've been in this apartment 11 years and it is month to month. So if I move out and my roommates don't, but I tell my landlord I'm out. What could happen? They actually know I have roommates but they never made an issue out of it, even now. But they aren't on any paperwork with the landlord.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Your landlord will file an "unlawful detainer" (eviction action) against you (as the named tenant) and your roommates (the occupants of the unit) in order to forcibly remove them from the home. This will result in a judgment of possession (which the sheriff will enforce in forcibly removing them from the property) and a money judgment against you and your roommates for the rent for this period, plus the cost of the suit, and any damages.You are better off trying to work with your roommates to deal with this (you have a right to forcibly evict your roommates - give them a written notice to vacate just as you received, and if they do not leave, file your own unlawful detainer - make sure to give them notice right away as you are working against a deadline set by your own termination notice).Here is a very good resource for you, it is the California Landlord Tenant Handbook, published by the California Attorney General, for purposes of your relationship with your roommates, you are the landlord and they are the tenants (you are the "Master Tenant" and they are "sub Tenants" but the relationship is governed as a landlord/tenant relationship):

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