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Re: Tenant has roommate without permission
by A.T.SF (CA)
on October 10, 2010 @11:22
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Amanda, careful for what those who do not understand California Rental Laws advise...it's just not always as simple as telling some one to get out or issuing a 30 day notice. First of all...You must be assertive. This is not a negotiation, this is your property and rented out on your terms that abide by state and local laws. Is the original tenant on a lease or a month to month rental? Is this relationship over 1 year from the original move in? Did you have any restrictions in writing regarding roommate provisions? Are you in a rent control area? Did you have a "no pet" clause in the original tenants agreement? Do not get involved with the roommates finances, ie. who owes who what $. The only money you will be concerned with is your rent. If you have had a conversation with the unauthorized tenant then you must post a "Notice of Objection to Occupancy of Unapproved Occupant". This would not be a trespassing posting as the person was invited onto the premise by the original tenant. It will state that the said occupant is not your tenant and will not be recognized as such, allowing you to have them removed by a county sheriff and or eviction process. Make sure you do not accept any money in any form from the unauthorized tenant. Rent should only be presented by the original tenant. If you are not in a Rent Control Area you can issue a 60 day notice of non renewal of rental agreement. There are 2 other Ca LL's that might chime in.
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