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  1. #1
    MTCrosetti is offline Junior Member
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    Evicting a roommate that's not on the lease

    What is the name of your state (only U.S. law)? California

    I've been living in an apartment for about 2 years. At the 15 month mark, my original roommate left and a new one came in and has been living there for the past 7 months. To put it bluntly, its not working out. What are the legal steps I need to take to get him out?

    Another question: since the current lease is month to month to the landlords, is it legal for me to give them notice that I want to move out, and then re-apply for the same apartment?
  2. #2
    sandyclaus is offline Senior Member
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    Quote Originally Posted by MTCrosetti View Post
    What is the name of your state (only U.S. law)? California

    I've been living in an apartment for about 2 years. At the 15 month mark, my original roommate left and a new one came in and has been living there for the past 7 months. To put it bluntly, its not working out. What are the legal steps I need to take to get him out?

    Another question: since the current lease is month to month to the landlords, is it legal for me to give them notice that I want to move out, and then re-apply for the same apartment?
    Clarify for me. Was there ever a fixed-term lease in force for this apartment? Whose name(s) appeared on that lease (i.e., did your original roommate's name ever appear on there, or were they just subletting from you)?

    Why do you want to give notice that you want to move out and then re-apply for the same apartment? Exactly what is that supposed to accomplish (other than deceiving the current roommate into thinking that you are leaving, in order to encourage them to move out)?
  3. #3
    MTCrosetti is offline Junior Member
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    Yes, there was a fixed-term lease originally. It was for one year, and then it converted to month-to-month after one year.

    My original roommate, the 1st one, was also on the original lease statement.

    The only reason I'd terminate the lease and then re-apply for the apartment is if I'm unable to evict the current roommate legally. I really like the apartment and location, and I know that this person doesn't have many options and will be trying to fight this as soon as I try and evict him. Honestly I would just tell him what I am doing, terminating the lease and re-applying solo, as a way of letting him know that he doesn't have much of a choice in the matter. I just wanted to make sure everything I was doing was nice and legal

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