How to remove tenants unknown room mate *after* tenant has left?

[JimFibrosol]

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

 

[JimFibrosol]

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

I rented my 3 bedroom condo to a family of three 14 months ago. There was originally a 1 year lease that him and his wife signed. After this expired, via email we agreed they can stay switching to a month to month rental and all original lease terms/rules apply (I hope this was legal).

The couple split up leaving only the husband in the condo pretty much right when they switched to month to month. Unknown to me (and against the original lease) he got in 2 room mates to help with the rent. This happened in the last 2 months from what I can tell.

He told me about the room mates roughly 6 weeks ago and then "in writing" (which is via email actually) that he's giving his 30 days notice to vacate on Thursday May 31st (2 days from now). He emailed me that he's also given his room mates notice to leave.

I have visited the condo 4 times in the last 3 weeks and have a tenant to move in for Saturday June 2nd (2 days after they indicated they are leaving). I've met both room mates, and they both expressed visible anger and betrayal saying they would not have moved into the place 6 weeks ago if they knew they would have to be out so fast. I have every reason to believe the husband will leave by this Thursday since I've seen his room while showing the condo and clearly he's packed. His room mates however look like they are *not* packing.

I left a print out for everybody in the condo to ensure everybody knows the dates and that
1. the vacate date is Thursday May 31st
2. Cleaners are coming on Friday June 1st
3. New tenants are moving in Saturday June 2nd

So my question at this point is, what action can I take on Friday June 1st when I go to the condo to let cleaners in, and one or both of the room mates are still there?

Because at this point
1. The original tenants on my lease will both be gone
2. I only know the first names of the "room mates", nothing else
3. My original lease stated that no subletting/subleasing was allowed
4. No rent was paid for May, and my original tenant has said "take the deposit money for it". I realize now that I should have started the eviction right then and there, but I didn't fearing him and the unknown room mates might start trashing the place.

So some questions I have are
1. What action can I take on Friday June 1st when I go to the condo to let cleaners in, and one or both of the room mates are still there?
2. I saw on the Unlawful Detainer that you name the person on your lease, and then I bring along a Prejudgment claim of right to possession for the room mates. BUT, the original tenant won't be there, just these two room mates. So now what?

I guess all my questions sum up to this "do the room mates have any legal ground to stay?"
If not, how do I remove them?
If so, how do I remove them?

Thank you so much in advance.

 

[Zigner]

In a nutshell, if the current residents won't leave when you have asked, then you will need to go through the proper eviction proceedings. I would suggest that you consult with a local landlord/tenant attorney, as you will also be doing some "damage control" when you are unable to give the new tenant the unit, as you had agreed.

 

[JimFibrosol]

Thanks. However what names would I put on the Unlawful Detainer for "Notice to defendant" ? I only know the room mates first names. OR, do I put both my original tenants names on the Unlawful Detainer? Keep in mind that the first one moved out 1 month ago, and the 2nd one will *also* be gone by the time I serve the papers. i.e. all that will be left will be these two people I don't know (and frankly shouldn't have been there in the first place)

I agree with you that come Thursday I'll probably have to hire a lawyer for this, but I'm trying to understand as much as I can before that thanks.

 

[Zigner]

Thanks. However what names would I put on the Unlawful Detainer for "Notice to defendant" ? I only know the room mates first names. OR, do I put both my original tenants names on the Unlawful Detainer? Keep in mind that the first one moved out 1 month ago, and the 2nd one will *also* be gone by the time I serve the papers. i.e. all that will be left will be these two people I don't know (and frankly shouldn't have been there in the first place)

I agree with you that come Thursday I'll probably have to hire a lawyer for this, but I'm trying to understand as much as I can before that thanks.

You would name the tenants and also "Does 1-50" (as an example.) Your attorney will explain this to you...

 

[MIRAKALES]

The State of California has very specific guidelines and procedures related to evictions (unknown tenant occupants may or may not be addressed in the landlord tenant laws) and the laws related to unknown tenant occupants (squatters) may vary between individual counties and cities with the State of California.

Scenario #1 Laws Against Squatters - Essentially, the two unknown occupants (as they are not legitimate tenants) are unwitting squatters. In many states, squatters can be required to move by local law enforcement within the first thirty (30) days of occupancy. If the laws against squatters is applicable in the State of California (specifically the city and county of property location), then local law enforcement should be able to remedy the matter provided the landlord confirms the unknown occupants’ move-in date as the date the landlord became aware of the circumstances (which would be less than 30 days).

Scenario #2 Eviction with Unknown Tenants - If eviction is necessary and neither of the original tenants has given written notice to vacate, then the two original tenants (husband and wife) and the unknown occupants (John Doe #1 and John Doe #2) should all be named on the Unlawful Detainer. The USPS carrier (and possibly the original tenants) may be willing to provide the names of the unknown occupants. The unknown tenants may provide their names and person information with a standard rental application, if they desire a legitimate lease agreement. By no means should the landlord allow either of the original tenants to remain without penalty related to the Unlawful Detainer.