Ba-bye Roomate

[Arcadis]

San Fran, CA - Roomate 1 and I are going to ask our roomate to leave (he is not on the lease, but he is a tenant because he paid rent directly to the landlord)and give him over 1 month to vacate. Do I need a letter from the landlord before I talk to him, or get one after we talk to him in case he protests? Does the landlord need JUST CAUSE for requesting him to leave or can it be due to "not working out amongst the roomates that signed the lease and the roomate that moved in after the fact"? I'm hoping he won't go spaz after we ask him to move out and after he thinks about it, but there is always the chance.......
Thanks for the advice, you helped me before and I'm hoping you have some more helpful advice....

 

[Tracey]

Since T2 is not on the lease, he is a month-to-month tenant & L can terminate his tenancy with 30 days written notice for any reason. Have L write T2 terminating the tenancy & instructing him to move out by 8/x/00. If T2 spazzes out on you, you might be able to get a restraining order against T2 that would require him to leave sooner than that. If T2 doesn't leave, L will have to evict him.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[Arcadis]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Since T2 is not on the lease, he is a month-to-month tenant & L can terminate his tenancy with 30 days written notice for any reason. Have L write T2 terminating the tenancy & instructing him to move out by 8/x/00. If T2 spazzes out on you, you might be able to get a restraining order against T2 that would require him to leave sooner than that. If T2 doesn't leave, L will have to evict him.

<HR></BLOCKQUOTE>

Tracey:
Thanks for the info. After checking with the SF Rent Board, a person there (not a lawyer) said that since he pays rent to the landlord (even though not on lease) he is a tenant and does need just cause for removal. How can he have protection of the lease (by requiring just cause) yet not the liability of the lease (having to pay for rent,damages,etc.) - I don't believe it can be both ways. Please help.