Can I kick my roomate/tenant out early?

[Juno P]

What is the name of your state? CA
I own a house here in San Francisco and I'm renting two rooms out. We have a month to month lease. I gave one of my roomates a 30 day temination form to sign and give back. Two days later she desides to try and over dose on pills. She is back and I don't feel safe with her in the house. Can I make her leave now?

 

[Gadfly]

What terms of your lease has she broken?

 

[ENASNI]

What terms of your lease has she broken?

If it is Month to Month, thirty days notice is all that is needed. No reason.

 

[treese]

Can I make her leave now?

No.

Legally, she has 30 days to vacate per your notice.

FYI: If she does not vacate per the notice, eviction will be your next step.

 

[Who's Liable?]

no termination notice was given...

The OP states: "I gave one of my roomates a 30 day temination form to sign and give back"

that is NOT a "Notice of Termination"... OP needs to properly give notice, no signature or authorization from the tenant is needed...

 

[Juno P]

What terms of your lease has she broken?

Part of the lease says she must, "maintain the Apartment in good condition during the entire lenght of the Agreement and shall neither cause nor allow abuse of the facilities therein." She went on a rampage and broke several things and tried to light the place on fire. She also has not paid rent this month.

 

[Juno P]

no termination notice was given...

The OP states: "I gave one of my roomates a 30 day temination form to sign and give back"

that is NOT a "Notice of Termination"... OP needs to properly give notice, no signature or authorization from the tenant is needed...

I should have been more clear. I DID give her a "Notice of Termination" form from this web site. I just don't feel safe for the 30 days the Notice gives her.

 

[Who's Liable?]

I should have been more clear. I DID give her a "Notice of Termination" form from this web site. I just don't feel safe for the 30 days the Notice gives her.

When did you give the notice? Was it ON OR BEFORE the next rental period? Meaning if your lease with her gave a rental due date of the 1st of the month, you would have needed to ger her the notice ON OR BEFORE the 1st of the month... Give her notice August 1, she needs to move out by September 1... IF you give the notice 1 day late, August 2, the date moves to the NEXT rental month, meaning she gets until October 1 to move out!

Yes, you legally have to give them the FULL 30 days, UNLESS she physically attacks you, than it's a different story...

 

[treese]

Part of the lease says she must, "maintain the Apartment in good condition during the entire lenght of the Agreement and shall neither cause nor allow abuse of the facilities therein." She went on a rampage and broke several things and tried to light the place on fire. She also has not paid rent this month.

Give her a 3 day notice due to non payment.
http://www.dca.ca.gov/legal/landlordbook/terminations.htm

When did you give the notice? Was it ON OR BEFORE the next rental period? Meaning if your lease with her gave a rental due date of the 1st of the month, you would have needed to ger her the notice ON OR BEFORE the 1st of the month...

California allows notice to be given at any time during the rental period. The tenant has 30 days from the date notice was given.
http://www.dca.ca.gov/legal/landlordbook/moving-out.htm#notices

 

[Who's Liable?]

CA is so wierd...

 

[ENASNI]

CA is so wierd...

Yeah.. well Who is NOt Listening I have told you numerous times that 30 days notice can be given at anytime by either LL or Tenant at anytime during the month... HELLO>>>!!

Whether it is weird or not... I do not care... LISTEN once in awhile, you keep on giving out the wrong info... DUDE>..

Oops surf is up and my avocado is ripe... gotta go.

 

[Who's Liable?]

Eat me...

CA is still wierd...

 

[ENASNI]

Eat me...

CA is still wierd...

Bite me I will call you a Zoner.. you wish.. you wish you were Cali.


( chill bud, when we fall into the ocean.. you will be Cali... won't you be happy then....)

 

[Juno P]

CA is so wierd...

Yes it is... but I still love this state. I mean where else could you live in a city with an ocean, then drive 6 hours to be in a red wood forest, then drive 4 hours to be in the desert... AND have Disneyland, Great America, Water Parks.. etc?

 

[Juno P]

Give her a 3 day notice due to non payment.
http://www.dca.ca.gov/legal/landlordbook/terminations.htm


California allows notice to be given at any time during the rental period. The tenant has 30 days from the date notice was given.
http://www.dca.ca.gov/legal/landlordbook/moving-out.htm#notices

Yes and thank you. I gave her the 30 day notice June 29th. She had until July 29th to get out. Now she is saying that since I gave her the 30 day notice, I'm not allowed to give her the 3 day notice. Is that true? I'm so lost and she does NOT want to leave. She keeps ripping things up but not PHYSICALLY hurting me. This really sucks and I'm getting desperate. HELP!!