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Kimberley, Other/Just Looking in Los Angeles, CA

I have a horrible roommate who is not on the lease. Is there any way we can get him out??! Help!

Asked by Kimberley, Los Angeles, CA Fri Aug 10, 2007

we tried to have a conversation with him yet he yells at all of us and even got in my face threating me. What do I do?

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9
J Lo’s answer
I agree with all my colleagues that you need to consult a lawyer; however, the "threat" in your face has me concerned. If you feel you are being threatened by someone who doesn't have a legal right to be there; there is always 9-1-1.

If you were my daughter and someone got in your face in a threatening manner, I would be contacting the authorities and a lawyer to advise this person that he is no longer welcome and it sounds as if a restraining order may be necessary.

Never under any circumstances let someone threaten you and do nothing. The next time may not be a threat - it may be real. I don't want to scare you - and I am going out on a limb - but this is not acceptable behavior on any level.
2 votes Thank Flag Link Sat Aug 11, 2007
Kimberley,

If you have been threatened, the first call you may wish to make would be to the police.

If hiring an attorney is not financially possible, you might ask around for free legal aid services in your area.
1 vote Thank Flag Link Sat Aug 11, 2007
Roberta Murp…, Real Estate Pro in San Diego, CA
MVP'08
Contact
Since this person is not on the lease you may want to speak to an attorney on what the best way to get them to leave. Is your landlord aware of his presence? What kind of arrangement was made with him when he took possession?
1 vote Thank Flag Link Fri Aug 10, 2007
Pam Winterba…, Real Estate Pro in San Ramon, CA
MVP'08
Contact
Does the landlord know that he is living there? When I represent a landlord, I demand that all adults occupying the property appear on the lease. Your situation is an interesting one on several levels. I would consult an attorney who specializes in Landlord-Tenant law to determine what rights a non-signee has under the local laws.
1 vote Thank Flag Link Fri Aug 10, 2007
Consult a real estate attorney, but if he's paying you rent, he's a tenant and has to be evicted- being on the rental agreement only makes him liable to the landlord- he's your sub-lessee...
0 votes Thank Flag Link Mon Aug 13, 2007
My colleagues have given you very good advice. Any threats should be taken seriously and it is prudent to consult an attorney or contact your local police about a restraining order. This individual is not on the lease and therefore should have no rights to live in your dwelling. The best advice is to take action but in a legal way. Be sure to change all the locks after he/she is removed from the premises. You should not live in fear in your own home, your landlord should be able to assist you. Please let us know when you've resolved your situation!
0 votes Thank Flag Link Sun Aug 12, 2007
If he is not on the lease, I would say he doesn't have rights to stay. But I agree with the others, talk to your landlord or an attorney to find out the best way to get rid of him. Your landlord may be able to take careof it for you!
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0 votes Thank Flag Link Fri Aug 10, 2007
I would double check with an attorney, but as I understand it, only the people whose names appear on a lease are legally entitled to live there. Those same people would be the only ones who can be sued should there be default on the lease.
Call the police and have him removed from the apartment if he is not on the lease. You also might want to check your lease--if you have been charging him rent and your lease says "no subletting" you could be in trouble, as well.
0 votes Thank Flag Link Fri Aug 10, 2007
how did he get to be living there? If he is making actual threats, it sounds like a police issue, right?
0 votes Thank Flag Link Fri Aug 10, 2007
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