I need to ask my roommate (sub-tenant) to move-out. (San Diego, Ca)

Asked by Ranger, San Diego, CA Tue Apr 10, 2012

I've rented a condo. in San Diego and took on a sub-tenant (not on the lease but the lessor is aware that he has moved in). He is a very aggressive person and I just need to know what I need to do to make sure I can ask him to leave. Verbally, we did not discuss how long he will be staying, and "assumed" a month to month situation. Do I or he have any legal recourse?

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Jennifer Dominquez’s answer
Jennifer Dom…, Agent, San Diego, CA
Wed Apr 11, 2012
Hey Ranger,

I can help you with this, as I am a Property Manager. Has the roommate lived in the unit longer than a year? If so, you will have to provide him with a 60 day notice to move, otherwise if he was there less than a year, you only need to provide a 30 day notice to move. If he does not move after the date specified on the notice, then you will have to start the eviction process. If you email me, I can email you the 30 and/or 60 day notice that you will need to provide to him.

0 votes
Cory La Scala, Agent, San Diego, CA
Tue Apr 10, 2012
It doesn't matter if you didn't sign an agreement with him, your roommate has a tenancy there, so you couldn't just boot him out. Talk with a real estate attorney to find out what you need to do to legally remove him if he doesn't voluntarily move out. Do some online research. We're mostly agents and lenders here, so unless we know specifically, it's best to talk with someone who knows.
0 votes
Thanks Cory, Hopefully he will "voluntarily" move out.
Flag Tue Apr 10, 2012
Kari Shea, Agent, San Diego, CA
Tue Apr 10, 2012

We always recommend you talk with a real estate attorney. In this case, someone that specializes in landlord/tenant law.

On Trulia, you have real estate agents, brokers and lenders. While some of us may have personal experience in this particular area, we could only lend advice based on our personal experiences. It is possible that one of the agents or brokers is a property manager also and may be able to help you.

Best of luck,

Mark & Kari Shea
Shea Real Estate
Serving Greater San Diego
0 votes
Sinead McAll…, Agent, Oceanside, CA
Tue Apr 10, 2012
Did you sign any agreement with him?
0 votes
He filled out a rental app. and on the app I stated the Amount of Rent to be payed on the 1st, and how much the deposit would be. It was discussed that this would be a month to month but did not sign anything in writing yet. (He has been a roommate for 1 week but there are many issues with cleanliness, overnight guests, and the fact that he is ALWAYS home. He stated he has his own business and is a student but he never works or leaves the condo. His TV blares at 1am, his guests and his "activities" are loud and embarrassing to any guests that I have over.)
Flag Tue Apr 10, 2012
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