Newark, CA asked in Landlord - Tenant for California

Q: When can u kick out a roommate not on the lease that won't pay rent in ca during covid

My mom is scared of him. But he I guess well bang on her door at night with my stepdad in bed screaming at her threatening to kill it. And when she asked for the rent he will shine her on or we'll leave for 3 days and come back for a night then leave for another 30 days he won't pay rent and he's not on the lease what can my mom legally do she kicked him out cuz she can't afford rent because he won't pay his share

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: If you have a sub tenant that will not pay his rent you can evict him by serving him with a 3 day notice to pay rent or quit, and if he does not pay the rent listed on the notice, you can start an eviction action against him. On the other hand if you want to evict him for harassing and threatening you and disturbing your sleep at night, that is a 3 day notice to quit due to behavior that cannot be cured. You should discuss with a local eviction attorney in your area. Justia disclaimers below, incorporated herein.

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