MrsPK, Renter in Redondo Beach, CA

Want to evict roommate, need help!

Asked by MrsPK, Redondo Beach, CA Mon Mar 5, 2012

My husband & I are the only ones signed to our lease. We had a man move in October 1, 2011. Every month he has been late w/ his rent. Over the past two months he's had his girlfriend stay, which was only supposed to be 2 weeks. We've been dealing with their non-stop arguing, loud music & we found out they have been using drugs in our home. After the last straw of being extremely patient, we politely gave him his 30 day notice & advised him we were going to start looking for another roommate. We did not receive Febrary's rent check until the middle of the month, only to find out a week later it had bounced & we finally obtained the money the last few days of the month. It is now March 5th, he has not given us the rent check, he has not been home, only to grab some clothes. I am worried he will never pay us for this month & he might hurry & move his things out while we are gone. I have no idea what to do.

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7
Mrs. PK, Sounds like that's just what you need... for him to move out while your gone? Quietly with out a ruckus! Trust me,it's much cheaper, and less stressful, just to have him move out. Don't worry about March rent. I would tell him, You don't have pay March, only if you're out by (a certain date), have him sign it.. agree to it, and then be there the day he's supposed to be moving, and then change the locks.

Technically you may have breached your lease by letting someone else live there, with out consent from the landlord (in writing). So, the sooner you make a sweet deal with him, the better. Otherwise, sounds like you all might be looking for somewhere else to live. Unless you did, then you're all good.

Best of Luck,
Lauren Cotner - Hunter Mason Realty
1 vote Thank Flag Link Mon Mar 5, 2012
I cause all of my own problems. Before you took in a roommate you and your husband made the decision to sublet, not the tenant. Took a complete stranger(?) into your home, I would say you are lucky to be alive. If you can’t afford to live where you live that may be the root of the problem. I watch people work very hard trying to get around an issue instead of avoiding it in the first place. That is exactly how most of my problems occur. Blaming the aberrant behavior of the subtenant for your decisions will only increase the odds of making the same mistake over and over. Good luck,
0 votes Thank Flag Link Sat Mar 24, 2012
*UPDATE*

The roommate hadn't been home in 3wks, only to grab some clothes while we weren't home. He came by this past Saturday distraught & apologetic, wanting to work things out. MIND YOU, we still hadn't received March rent from him. He mentioned he wanted to work things out - telling me his GF that was causing all of our problems (that led us to the situation we're in) took most of his money from his bank acct. He only stayed to rest a few hours, left once again & hasn't been back. I put the 3 day notice on his door, took a pic & sent it to him.....no response. My husband tried contacting him.....no response. Well today was the 3rd day of the notice. My husband left for work @ 3:30, I arrived home @ 5:45, during those 2 hours & 15min the roommate came by & quickly took all of his belongings (minus a nice set of golf clubs, trash that had been sitting for 3wks & some random items) w/out leaving the keys OR our rent check. (I think he must've been scoping the place to make sure we were gone)
I know the 3 day notice means either pay us the rent OR move out w/in those 3days, but since we have not recv'd the rent, is there ANY further steps I could take? Is there only small claims court now? And yes, the locks are getting changed 1st thing in the a.m!
0 votes Thank Flag Link Sat Mar 24, 2012
Mrs. PK:

What you are going through is stressful, creating financial hardship and probably driving you crazy. Because of that, you might be tempted to do something you would later regret.

I would be extremely careful about following suggestions to "change the locks, box his stuff and send him a notice to come pick it up" . I would also be concerned about someone "using drugs" in my home. This sounds like the type of situation where you definitely need some legal advice. The legal consequences of improper dealings with a tenant or of having drugs found in your home will far outweigh the cost of some lost rents and the fees you will have to pay the attorney. If you need a referral to a local Landlord/Tenant Rights Attorney, please feel free to contact me.

Good luck resolving this very touchy problem and Dare to Dream.

Shel-lee Davis, QSC®
Certified Distressed Property Expert – CDPE®
Short Sale & Foreclosure Resource – SFR®
Certified HAFA Specialist – CHS®
SSG Pro®
Your Real Estate Consultant for Life
RE/MAX Palos Verdes Realty
424-2HELP12 (424-243-5712)
myrealestateanswers@gmail.com
http://shel-lee.listingbook.com
0 votes Thank Flag Link Wed Mar 7, 2012
MrsPK:

These links may be useful to you given your situation:
http://docs.Steven-Anthony.com/Landlord-TenantGuideCA2010.pdf AND http://www.nolo.com/legal-encyclopedia/renters-rights

Best, Steve
0 votes Thank Flag Link Tue Mar 6, 2012
I agree with Lauren. Use the March rent (not have to pay) as an incentive to get him to move out and even offer to help him pack if he needs. The sooner you are rid of him the better. I suggest the next time you rent to someone, get references on them or better yet, rent to someone you know. Good luck.
0 votes Thank Flag Link Mon Mar 5, 2012
Don't know the legality, but I would change the locks, box his stuff and send him a notice to come pick it up.
0 votes Thank Flag Link Mon Mar 5, 2012
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