Rentals in Long Beach>Question Details

ashleynoelle…, Renter in Long Beach, CA

two roomates the third has to go

Asked by ashleynoellecampbell, Long Beach, CA Fri Jul 13, 2012

and friend and i (two girls) are renting a 3 bedroom apt. we allowed my brother to move since the time we moved in. he is not on the lease. he is always late on rent, and he now owes us $500.00 in bills. how can we kick him out. he did put down a 500.00 deposit. and again he is not on the lease

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Without a written agreement you are in a tough spot. You can offer him his $500 deposit back when he leaves. Give him a deadline. 5 or 7 days maybe. You can also change the locks on the doors and call the police if he tries to get in.. No lease, nothing in writing? Did he pay in cash? If so, you're ok. If he paid check, he has a claim to tenancy. Then you need an attorney.
2 votes Thank Flag Link Fri Jul 13, 2012
the agreement was for him to rent the other bedroom and to share the cost of bills. now that summer has begun he has decided it is more important to purchase a boat and party at the river. this is why i am so upset, yes my own brother. I dont find it fare to keep him housed here when i am verbally being abused and us roomates "used". the manager does know that he is living here. he pays his rent in cash. i am not planning on throwing him out on the street. i am wondering if the manager could give him the 30 day notice. or we pretend like we are all being evicted. he has overstayed his welcoming before at a friends. his own friend of several years called the police to have him removed thats when i felt bad and made him 3rd roomate. this is a 50 year old man who cant wash his own dish. the other roomate and i are in are early 20s and dont need to take care of a grown baby.
1 vote Thank Flag Link Sun Jul 15, 2012
Hello Ashley,

You say he owes you $500 in bills and he gave you a $500 deposit.

Why not try and talk to him and reach an agreement that you keep his $500 deposit to cover the $500 in bills?

Can you prove he actually owes you $500 in bills? If this is for things like utilities, how can you be sure how much he owes when there are three other people living in the home?

Keep in mind you also broke your lease by allowing someone who is not on the lease move in.

You should try and settle this like brother and sister not enemies.

Best of luck to you,
Kawain Payne, Realtor
1 vote Thank Flag Link Fri Jul 13, 2012
That's a great suggestion, having a paper trail of evidence of the bills he owes will absolutely help!
Flag Wed Jul 25, 2012
Michael is correct when he says your brother has tenant rights. Here is a good reference manual: Download and read it. Especially the chapters on Sublease and Eviction. I'd suggest you all sit down together and try to work out come arrangement. If your Landlord does not know your brother is living with you, it creates another problem.
If you can get your brother to agree to leave, maybe you need to forgive the debt and offer him his deposit money back. Cut the losses now. If your brother has no place to go, no income, then its a whole different story. Good luck.
1 vote Thank Flag Link Fri Jul 13, 2012
I do not think that you need a written lease or prove of rent payments. I think just living there gives him tenant's rights. Even if you let your brother live for free in your home, you can't just change the locks on him. If you do, you could be violating his rights. Find out for sure if you are considering this.
1 vote Thank Flag Link Fri Jul 13, 2012
Actually you are in breach of your lease and can be evicted. Everyone has to be on the lease.
0 votes Thank Flag Link Fri Jul 13, 2012
You want to evict your own brother? You have spoken to him and we won't go voluntarily? So now you want to "kick him out" against his wishes? Do you want to take legal eviction action against him?

In relation to tenant rights and eviction laws, it may not matter if he is on the lease. You reached a verbal contract, collected a deposit, and have collected monthly rents and utility payments. He probably has tenant rights, same as if he was on the lease.

If you hire an eviction service, it will cost several hundred dollars, but they will know what your options are. But this will take several months and will cost money and it may be uncomfortable to live in the same home with the person you are evicting.

Hopefully you learned a lesson, not to let others move in and establish residency. Most rental leases prohibit this, so you may have violated your lease.

I strongly encourage you to resolve this situation without the eviction service. Be practical. It may be cheaper to return his deposit and forgive his $500 debt if he leaves soon. Make him see the benefit.
0 votes Thank Flag Link Fri Jul 13, 2012
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