Can roomates give 30 day notice to roomate?

I found a great house in San Francisco, CA, and Roomate 1 (friend) and I signed the lease and moved in. We found Roomate 2 (stranger), and he moved in without signing the lease or a rental agreement. We all write checks to the landlord each month (rent is split 3 ways). After about 6 months, due to things just not working out, personality conflicts, inconsiderate actions, etc., Roomate 1 and I would like to ask Roomate 2 to move out. Can Roomate 1 and I give Roomate 2 a verbal and written request to vacate within 30 days? Does Roomate 2 have legal recourse with which he could respond unfavorably to Roomate 1 and myself?
I have read varying legal advice columns and text, and it seems that without signing the lease, Roomate 2 is in a verbal agreement with Roomate 1 and myself, and that we can request him to move out. On the other side, it states that if a roomate pays rent directly to the landlord, then he is also a tenant (although not on the lease) and the other two roomates cannot give 30 day notice to the person - only the landlord?!
I would appreciate some general guidance, for California - specifically the Bay Area. Thank you.
Regards,
Arcadis

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Arcadis:
I found a great house in San Francisco, CA, and Roomate 1 (friend) and I signed the lease and moved in. We found Roomate 2 (stranger), and he moved in without signing the lease or a rental agreement. We all write checks to the landlord each month (rent is split 3 ways). After about 6 months, due to things just not working out, personality conflicts, inconsiderate actions, etc., Roomate 1 and I would like to ask Roomate 2 to move out. Can Roomate 1 and I give Roomate 2 a verbal and written request to vacate within 30 days? Does Roomate 2 have legal recourse with which he could respond unfavorably to Roomate 1 and myself?
I have read varying legal advice columns and text, and it seems that without signing the lease, Roomate 2 is in a verbal agreement with Roomate 1 and myself, and that we can request him to move out. On the other side, it states that if a roomate pays rent directly to the landlord, then he is also a tenant (although not on the lease) and the other two roomates cannot give 30 day notice to the person - only the landlord?!
I would appreciate some general guidance, for California - specifically the Bay Area. Thank you.
Regards,
Arcadis<HR></BLOCKQUOTE>

To be on the safe side, you, Roomie #1 and your landlord ALL should give the 30 days notice. That way there will be no technicalities. Your written lease agreement most likely has a clause that states that you cannot sublet without the landlords written approval. But if the landlord was accepting the rent from Roommate #2, it can be argued that the landlord approved this tenant. If all you 3 tenants can not get along, it will be to the landlords benefit to go along with your and #1's desires and to replace #2.

The rule is that only a tenant's landlord can give the tenant notice to move out. the question here is who is R2's landlord, you & R1, or your L? The wrinkle is due to the fact that R2 paid L directly, rather than paying you. That probably makes R2 a primary tenant like you, & L has to give the notice. Does your lease address this issue at all? If not, go to the nearest law library/school & check the laws to see if R2 is a co-tenant or sub-tenant.

Make a judgment call: does R2 think he's your sub-tenant or your co-tenant? Will he move if you give him notice or should you get L involved too? If a formal eviction is necesary, who's going to pay for it (you are!)? Will L help you by giving R2 notice the same time you & R1 give notice?

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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.