I want to evict my roomates for late rent and being disruptive to my nieghbors the landlord really has it in for me what an i do?

Asked by PriscillaC, San Diego County, CA Mon May 21, 2012

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Peter T. Chin’s answer
Peter T. Chin, , San Francisco County, CA
Tue May 22, 2012
In San Francisco, there are two seperate and unique things: 1. Rent control and 2: Eviction control (they are different and not the same).

Landlords can evict only if it falls under the just cause provisions of 37.9 (the local laws).

You can attempt an eviction of your roommates if you had them sign a provision 6.15 which states that they are not on the lease and understands that they are only roommates and nothing more.

Realtors are not attorneys and cannot and will not give legal advice; but as some experienced in this situation, landlords and tenants should always get practical (not legal) advice from a realtor specialist who is experienced in this area.

I am experienced in this area, but unfortunately, I only represent owners in the sale and purchase of these buildings.

I suggest that you seek advice from an attorney or another professional who can help you.

Good luck.
0 votes
Jed Lane, Agent, Petaluma, CA
Mon May 21, 2012
Why would you want to live in a place where the
0 votes
?Do you mean where i live now?
Flag Wed May 23, 2012
Michael Emery, , Minneapolis, MN
Mon May 21, 2012
It would depend on whether they are on the lease with you or whether they are sub lessees to you.

If they are on the lease with you, then it would be up to the landlord to evict them. But you would still be liable for 100 percent of the rent even if they were to leave.

If they are sub lessees (you rent from the landlord and they rent from you ) you will probably still have to follow tenant / landlord law of California - even if you don't have a written lease.

Follow the link below for tenant / landlord information for San Diego CA.
0 votes
i had to tell them to keep it down alot at what 3 or 4 in the morning. So on this night i guess there fight got out of control he put his hands on her they argued outside broke someones car window and i had enough of it. i snapped and to them they have 30day to get out. Period! And she said No shes not leaving and told me she was going to sue me for and i quote. "KICKING THEM OUT FOR NO DAMN REASON"? And not its so uncomfortable in my own home. We dont speak to them they dont speak to us but i just really want them out do u think giving everything i just told you if i take them to court will i win? or will the fact that i had nothing in writing of our agreement just blow up in my face and they get to stay? :( ....
Flag Wed May 23, 2012
and talked to my roomate once again. but this time she apologized. so the rest of the month went by. And the month of january rent was paid on time which wa good. then febuary good as well. but the came march the the mate that was arrested that night was out. And his welcome home was to pick a fight with his girlfriend and they argue and argued and hit the walls i eventually had to tell them to kep it down the y both gave me a dirty look and stopped there yelling. And basically that how it went the rest of that month with argueing between them. police where called 6times that month. i could only imaging the image we left to our nieghbors and landlord:(. So APRIL came and there child was born rent was paid with $75 dollars and they argued but not to the extent that the police would be called. then May rent was paid fine. there where alot of time we didnt get any sleep because of there argueing at night and now to add on to that argueing whos turn it was with the baby at night.
Flag Wed May 23, 2012
So i told her she shoudl of mentioned it before and that the landlord had told us when we first moved in only 5 people where allowed to live in the home anyone after that will be a $75 extra fee and that we are not going to pay that especially since she had no interest in telling us in the first place. And she basically just stormed into her room and slambed the door in my face didnt even let me finish talking and i was just shocked so i let it be last thing i need it a arguement. So that night our roomates got into a big fight agueing hitting the walls it was 3am or so and we could here them just saying really nasty things up me. Nasty things to eachother. there fight progressed outside which lead to hitting cars and alarms going off and nieghbors calling the police and one of our roomates was arrested hes was entoxicated. and the next day who took the heat for there disturbance? me of course since the lease is under my name. And i appologized to my nieghbors and landlord.
Flag Wed May 23, 2012
So i told them next time this happeneds they are out because basically there message to me was i dont care what you have to say. And the girl was giving me additude like i was a big bother. like hello!?! are agreement was i rent u the room and u pay rent? like your not doing me a favor being here? and i told her that this is the last time. and she said "whatever it is what it is." but before she said that she said her maternity check haddent arrived so thats why she couldnt pay us? and i was like maternity check? and then she tells me "oh yeah im pregnant...is that a problem?" And i was so shocked i didnt expect that she didnt once mention it and she had no belly?!? And i tell her why didnt you mention this to me before? our add said we only wanted two people for the room. on our lease with the landlord on our paperwork it said the household was for 5 people on anyone after that has to pay a $75 extra fee. So i asked her when was she due and she says next month.
Flag Wed May 23, 2012
But the next month dec. they didnt give me the rent on the second like we agreed on. A two day ago i remember seeing them leaving with some bags but i thought nothing of it. So i waited a week passed the owner called said whats going on? And he ended up charging me a $50 late fee. And it upset me because we a basically relying on there half of the rent. so the get back A week and 3days later and i told them what happened and the y said and i quote "We went on vacation." And that when i told them basically this can not be a constant thing i told you what day the rent was due and you failed to do that and that the landlord was upset with me and mentioned the $50 late fee and they apologized and payed the rent and said it would not happend again. And i took there word for it. but then the very next month AGAIN! the same process landlord angry another $50 late fee. And this time i was really angry.
Flag Wed May 23, 2012
ok thank you this makes perfect sense and basically it was just a verbal agreement and i told them from the beginning that i was to ever to have trouble with them then i would have to ask the to leave and they said ok we had nothing written down i asked the rent was due on the 2nd of every month me and my family were just starting out at the so we decided to rent the extra bedroom so rent wouldnt be so bad. we got the place in oct 2011 recently. and we put up an add and received a call by a couple and they seemed nice so we shook on it And by nov.2011 they were moving in. And the girl paid us the rent and we also asked for a deposit and so she gave us the rent but no deposit she kept telling tomorro tomorro tomorro with the deposit and that kinda bothered me like your just moving in and your already giving me excuses about a 100 deposit? So it kinda worried me but she finally paid up so it was ok for the rest of the month.
Flag Wed May 23, 2012
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