Landlord won't evict roommate

[Muy808]

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

I have had email exchanges and face to face talks with my landlord about my roommate problem.

1) He has violated numerous agreements on his lease

-Cats in a non pet apartment
-Making wax out of weed shavings using my dishes
-Numerous noise complaints from other tenants late at night. (He goes to other apartments and parties next door)

2) Does not clean up.
-Left to go home for 2 weeks came back with uncleaned cat litter box (filthy) by the door and tons of missing food from the fridge.

3) Substance abuse/Constant strangers coming in and out of the apartment.

4) Recently, theft has started. Missing groceries and small items of value.


As for our property manager,
-Complaint about my roommate's bathroom door still hasn't been fixed. 3 weeks ago.
-There is no door so the cats filth smells throughout the common area. (roommate has not cleaned the litterbox since last month)
-Served numerous infractions to roommate.
-Responds that it would be too long to file an eviction before his lease ends in July 31.

 

[Gail in Georgia]

"-Responds that it would be too long to file an eviction before his lease ends in July 31. "

The landlord is correct. It's not your business if he/she does not wish to initiate an eviction.

Worried about the substance abuse problem? Call the police next time you view this.

Gail

 

[Muy808]

"-Responds that it would be too long to file an eviction before his lease ends in July 31. "

The landlord is correct. It's not your business if he/she does not wish to initiate an eviction.

Worried about the substance abuse problem? Call the police next time you view this.

Gail

Are you kidding me?! The landlord/property manager just doesn't want this on there hands. It takes 30 days for them to file an eviction. My roommate hasn't been here longer than a year.

Hello!!!
My apartment is unlivable living conditions due to the odor and unclean bathroom. WTF!?

Do you even know the law?

 

[Ohiogal]

Are you kidding me?! The landlord/property manager just doesn't want this on there hands. It takes 30 days for them to file an eviction. My roommate hasn't been here longer than a year.

Hello!!!
My apartment is unlivable living conditions due to the odor and unclean bathroom. WTF!?

Do you even know the law?

Yes, she does. YOU don't. GO hire counsel and quit being a jerk because you don't like what you hear.

 

[Ladyback1]

Are you kidding me?! The landlord/property manager just doesn't want this on there hands. It takes 30 days for them to file an eviction. My roommate hasn't been here longer than a year.

Hello!!!
My apartment is unlivable living conditions due to the odor and unclean bathroom. WTF!?

Do you even know the law?

ummmm....was this person known to you before he became your roommate?

Furthermore, a legal eviction can take far longer than 30 days.

If the apartment in unlivable, then you share some of the responsibility. Clean the freaking cat box! (yes, not your responsibility, however, personally I'd be damned if I would do nothing about the stench!)
If he engaging in illegal activities in the shared apartment, then you have a duty to report that to local law enforcement. (and if he's making "wax" that can be extremely hazardous--you know the whole blowing stuff up because of the fumes from the propane, grain alcohol, etc. used to make "wax" out of marijuana.)

Quit whining. You have been and may continue to be complacent in the illegal activities.
Your pride (or whatever it is) that keeps you from cleaning the litter box is just plain stupid.

Oh, and if you knew this person prior to becoming roommates? Then you knew or should have known what the person was like.

 

[anearthw]

So clean the litter box and bathroom until July 31st and call the police if there is drug use.

Filing an eviction right now seems rather pointless. For maybe 14 extra days? Filing eviction isn't quite so simple as paper = out by July 15th.

 

[justalayman]

Are you kidding me?! The landlord/property manager just doesn't want this on there hands. It takes 30 days for them to file an eviction. My roommate hasn't been here longer than a year.

Hello!!!
My apartment is unlivable living conditions due to the odor and unclean bathroom. WTF!?

Do you even know the law?

Depending on the reason of the termination of the tenancy, it could allow for the LL to file an unlawful detainer immediately or they may not believe they have adequate cause to attempt to evict them at all.

and unless there is a basis to seek an eviction immediately, it could easily take a month to obtain a judgement and writ of possession and have that writ executed.

as another said; don't really see the purpose if the lease expires at the end of next month.





is this a shared lease or do each of you have separate leases?



have you given notice to the landlord, in writing, of the issues you believe are violations of the roommates lease that you believe are a valid basis for you to argue it makes the unit uninhabitable for you?

 

[Muy808]

So clean the litter box and bathroom until July 31st and call the police if there is drug use.

Filing an eviction right now seems rather pointless. For maybe 14 extra days? Filing eviction isn't quite so simple as paper = out by July 15th.

You guys think it's so easy. My roommate doesn't even sleep here. He goes to different apartments and sleeps over. Its not my responsibility to take care of his cats. I have other things to worry about.


It is not a shared lease. He has his own lease and I have been here longer than he has. The utilities and everything else is under my name.

Yes I have given the LL numerous notices through email.

 

[Muy808]

ummmm....was this person known to you before he became your roommate?

Furthermore, a legal eviction can take far longer than 30 days.

If the apartment in unlivable, then you share some of the responsibility. Clean the freaking cat box! (yes, not your responsibility, however, personally I'd be damned if I would do nothing about the stench!)
If he engaging in illegal activities in the shared apartment, then you have a duty to report that to local law enforcement. (and if he's making "wax" that can be extremely hazardous--you know the whole blowing stuff up because of the fumes from the propane, grain alcohol, etc. used to make "wax" out of marijuana.)

Quit whining. You have been and may continue to be complacent in the illegal activities.
Your pride (or whatever it is) that keeps you from cleaning the litter box is just plain stupid.

Oh, and if you knew this person prior to becoming roommates? Then you knew or should have known what the person was like.

Really?!

Like you said its not my responsibility. I have other important things to do than to baby sit my roommate. Its his cats. His responsibility.

 

[anearthw]

Really?!

Like you said its not my responsibility. I have other important things to do than to baby sit my roommate. Its his cats. His responsibility.

Welcome to real life. Avoid a career and marriage if you don't want to occasionally do someone else's responsibility out of practicality. You guys sound like college kids? Here's a real world lesson. Or, complain and expect a court fight over 14 extra days. That's silly.

 

[Ladyback1]

Really?!

Like you said its not my responsibility. I have other important things to do than to baby sit my roommate. Its his cats. His responsibility.

Yes, REALLY!

Grow up, man up and stop the whining. At least ONCE in every person's life, they will have to do something that should not be, never was, is not that person's responsibility. Get over it. It's how the real world works.

And you should never, ever, ever have kids if you can't grasp and embrace the fact that sometimes... You will have to clean a litter box, or a bathroom, or whatever, and *gasp* it's wasn't you who is suppose to be responsible for that.
You probably shouldn't get married either....
Oh, and good luck at wherever you may work or are currently working.
You see--that's what adults do: Take responsibility, even when technically, it isn't their choice or their issue.

Good Luck

 

[Gail in Georgia]

"Are you kidding me?! The landlord/property manager just doesn't want this on there hands. It takes 30 days for them to file an eviction. My roommate hasn't been here longer than a year.

Hello!!!
My apartment is unlivable living conditions due to the odor and unclean bathroom. WTF!?

Do you even know the law? "


OP appears to be an idiot (and more than a bit lazy too). Also misinformed as to the steps toward an eviction.

A landlord cannot evict anyone. Only a court can grant an actual eviction. Steps toward this:

1. Providing adequate notice (and in tenant friendly California this can be significant).
2. If the tenant does not remedy the situation by the end of the notice, the landlord must then file for the actual eviction.
3. The court then notifies the tenant of the status of such.
4. The tenant has a certain number of days to answer this notification. If they answer, a hearing is set up where both sides get to present their evidence as to whether this request should or should not be granted.
5. If granted, still more time passes before the actual eviction takes place.

Last time I went through a dispossessory action (Georgia's version of an eviction) it took two months...and this is in a VERY landlord friendly state. California tends to be quite the opposite. An eviction can drag out for quite a while.

Since today is June 15th, the landlord sees no worth in entering any of this since the lease will end before the court process is even in place.

And if you don't like the smell in the bathroom, either clean the kitty litter pan or quit complaining about it. If you feel it's "unlivable" due to the odor, one would think you'd have the common sense to empty the cat litter pan every so often.

Gail

 

[justalayman]

You cannot make the landlord evict the guy. If you don't have a lease, give the appropriate notice and leave at the end of the notice. If you have a truly habitability issue, then demand the LL take care of it.


otherwise, every time the guy leaves, if the cat box isn't in his room, put it and the cat in his room and close the door.

 

[Just Blue]

Are you kidding me?! The landlord/property manager just doesn't want this on there hands. It takes 30 days for them to file an eviction. My roommate hasn't been here longer than a year.

Hello!!!
My apartment is unlivable living conditions due to the odor and unclean bathroom. WTF!?

Do you even know the law?

Did you bother to read the TOS of this site?

I would suggest you seek legal assistance and pay for your adive on how to move out of your home...or just live with this situation and DEAL in a BIGBOYLEFTTHEUNDERRUESATMOMHOMLASTYEAR kinda way.

Forgive the misspelling of my ^ comment

 

[Muy808]

Since last time...

Did you bother to read the TOS of this site?

I would suggest you seek legal assistance and pay for your adive on how to move out of your home...or just live with this situation and DEAL in a BIGBOYLEFTTHEUNDERRUESATMOMHOMLASTYEAR kinda way.

Forgive the misspelling of my ^ comment

Who the hell reads the Terms of Service?!

I have had a burglary incident recently and filed a police statement. Which has finally lead up to this. My roommate was moving out of the apartment while I was at work and called the cops saying my stuff was stolen. The cop said he couldn't do anything till I came home. Left home at 2 and girlfriend went to class at 3. Got home later from work at 8 and nothing was there. A note left by my roommate to call the cops and a number to contact the cop that came on scene. The report showed no form of breaking in and all signs point towards my roommate. All I could do is allege him and put him down as the suspect. Take note I've been living here for 2 years and I have never had an incident such as this. I have documents informing our leasing manager this would happen. Close to $800 plus of my stuff is now gone. Can I form a lawsuit against my landlord for not listening to me? Or a small suite case against my roommate?

PS the cats are still here.