Roomate Do I have a Legal Right to Ask My Roommate to Leave

[Tom195526]

Jurisdiction

California

I wanted to ask for your kind help.

A friend moved in to my apartment and became a roommate in April 2017.

Unfortunately, we are not getting along and, if possible, I want to ask him to leave sometime within the next 60 days (instead of 30 days so that he has enough time to find a suitable place).

The original Lease/Rental Agreement is in my name since I've been living there for over 20 years.

The lease is currently a month-to-month lease.

However, my roommate signed an Addendum to the Lease in April.

The Addendum states that as an "Incoming Tenant" and authorized occupant, my roommate accepts all legal obligations pursuant to the original lease/rental agreement and the addendum.

The Addendum also mentions that all legal rights pursuant to the Rental Agreement are assigned to the replacement tenant.

In light of the terms of the Addendum, do I have the right to ask my roommate to leave?

Since I have been living at the apartment for over 20 years and I'm happy there, I do not want to move out and, if possible, I want to stay at the place. So I want to see if I can ask my roommate to leave.

Any advice or guidance would be deeply appreciated! Thank you!

 

[adjusterjack]

do I have the right to ask my roommate to leave?

Of course you do.

But that's the wrong question. What you are really asking is if you can terminate his tenancy and evict him through the courts if he doesn't leave.

The answer to that is no. He's not your tenant. As long as he's not breaching the lease your landlord has no cause to terminate his tenancy.

That means you are stuck with him. Oh, you can certainly ask him to leave but there are no teeth behind that request. You may have to pay him to leave (cash for keys).

Remember this life lesson from the school of hard knocks next time you think about getting a roommate.

 

[army judge]

The "roommate" issue visits us again...

 

[mightymoose]

Agreed. Once your roommate signed on with the landlord you lost any control. One option is to give your notice and find a new place on your own.

If your roommate does agree to leave then the landlord will have to agree to cancel the lease agreement.

 

[Tom195526]

Of course you do.

But that's the wrong question. What you are really asking is if you can terminate his tenancy and evict him through the courts if he doesn't leave.

The answer to that is no. He's not your tenant. As long as he's not breaching the lease your landlord has no cause to terminate his tenancy.

That means you are stuck with him. Oh, you can certainly ask him to leave but there are no teeth behind that request. You may have to pay him to leave (cash for keys).

Remember this life lesson from the school of hard knocks next time you think about getting a roommate.

Thank you. That was not the answer I wanted to hear. But it's good to know what my situation is. Thank you

 

[Tom195526]

Thank you...I appreciate the information you provided. Thanks!

 

[zddoodah]

I want to see if I can ask my roommate to leave.

Can you ask? I have no reason to think you can't. Is there some reason you think you might lack this ability? And, while I wouldn't phrase it in terms of a legal "right," you may legally ask anything of anyone.

Any advice or guidance would be deeply appreciated!

It's not clear from your post whether this person is a co-tenant or a subtenant. Makes a big difference in terms of your ability to get him out. Who are the parties to the addendum you mentioned?