Q: Roommate who wasn’t on signed lease didn’t pay rent so I gave him 3 day notice to move out. Is that legal?
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A: If the roommate is not listed as a tenant on the signed lease agreement and does not have any formal tenancy rights, you may have the ability to give them a three-day notice to vacate.
A: From your description, you are the landlord in relation to this sub-tenant. The law provides if you are renting a room in your house to ONE person (only), presumably on an Oral lease, and you need to evict them you can do so on an expedited basis with 7 days notice, and you can get him out by using the police, not going through an unlawful detainer in the court. Civil Code section 1946.5. I recommend you contact several attorneys in your area that practice this type of law, as soon as possible. Thank you for using Justia ask a lawyer.
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A: If someone isn't on the signed lease and is considered a guest or licensee, the primary tenant typically has the right to provide a notice for them to move out. However, laws and eviction procedures can vary. Reviewing the lease agreement or discussing it with the landlord can provide additional clarity on any specific requirements.
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