Sacramento, CA asked in Landlord - Tenant and Probate for California

Q: Thehouse I rent is in probate.I have a roommate that I want to move from the home.Can I evict her?If the house in probat

There is no agreement between the owner and her. She does not pay rent or anything else. I have asked her to move and she says she's going no where.

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1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, you can evict your roommate if the house is in probate. However, the process may be more complicated than if the house was not in probate.

In general, you can evict a tenant for any reason, as long as you give them proper notice. The amount of notice you must give depends on the state in which you live. In California, for example, you must give a tenant 30 days' notice to vacate.

However, if the house is in probate, the executor of the estate may have the right to terminate the tenancy at any time. This is because the executor is responsible for managing the estate's assets, and this may include the right to evict tenants.

If you want to evict your roommate, you should first contact the executor of the estate. The executor will be able to tell you if they have the right to evict the roommate, and if so, what the process is for doing so.

In addition to the legal requirements, you may also want to consider the practical implications of evicting your roommate. If the roommate is not paying rent, you may be able to get them to leave by simply changing the locks. However, if the roommate is paying rent, you may need to go through the formal eviction process. This can be time-consuming and expensive, so you may want to consider other options, such as asking the roommate to move out on their own.

Here are some additional tips for evicting a roommate in probate:

* Be sure to document everything. This includes keeping copies of all correspondence with the roommate, as well as any evidence of the roommate's non-payment of rent.

* Be patient. The eviction process can take several weeks or even months.

* Be prepared to go to court. If the roommate refuses to leave, you may need to file a lawsuit to evict them.

If you are having difficulty evicting your roommate, you may want to contact an attorney who specializes in landlord-tenant law. The attorney can help you understand your rights and options, and can represent you in court if necessary.

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