All answers below are great. The simple answer is that you do not need to have him as your tenant, if you do not want him. However, anyone living in a property has rights.
Any person who has been given the right to use and occupy rental property is legally a tenant with all the rights associated with tenancy. Those "implied rights" are enforceable, and you need to understand the rules of eviction BEFORE you make any attempt to contact that tenant for removal.
Do not be tempted to undertake a constructive eviction (the process through which a landlord's actions, or failure to act, interfere with a tenant's possession of rental property to such an extent that the property is made unfit for reasonable occupation by the tenant.), or just lock them out.
If you want them to stay, it is wise to have them sign a new rental agreement. Doing so imposes an obligation on the tenant to return the property in a certain condition at the end of the lease. You are entitled to run a credit check, ask for references, etc.
I am a Realtor and not an attorney. You should obtain legal advice, particularly from an attorney specializing in Landlord/ Tenant Law.
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
It depends on the lease. Anyone who is on the lease has a continuing, valid lease. Anyone not on the lease has no lease and, for that reason, no right to remain.
If you were to choose to accept the roomate(s) as tenants, at the very least what you should do is draft a new lease with the names of the new tenants.
From the tone of your question, though, I'm guessing you'd rather not have them as tenants. If that's the case, there's no obligation for you to accept them.
See a lawyer for more information.
Hope that helps.
You may learn more about the rent control laws in the City of Los Angeles here:
Best of luck,
Allan S. Glass
ASG Real Estate Inc. Â®
149 S. Barrington Ave, Suite #660
Los Angeles . CA 90049
Direct: 213.973.8637 (213.97.FUNDS)
CA License: 01154002
Visit Allanâ€™s Blog: http://allanglass.featuredblog.com