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Updated almost 2 years ago on . Most recent reply

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Eric Lafon
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Can you evict 1 tenant if multiple tenants on the lease in California?

Eric Lafon
Posted

I have an issue with 3 tenants on a lease and 1 has had multiple instances of non/late payment. Am I able to give notice to vacate for non-payment to 1 of the tenants or does this apply to everyone on the lease?

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Richard F.#1 Tenant Screening Contributor
  • Property Manager
  • Honolulu, HI
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Richard F.#1 Tenant Screening Contributor
  • Property Manager
  • Honolulu, HI
Replied
Aloha,

Is this a SFH? If you have 3 adults on one Rental Agreement, you should also have a "joint and several" clause. That means ALL 3 are responsible for paying 100% of the rent, even if one of them gets run over by a bus. It is not a 1/3, 1/3, 1/3 situation...all rent is due on the first, otherwise they all owe the balance plus late fees.

On the other hand, if you are renting individual bedrooms that share the kitchen/bathroom etc. then each person should be on a separate Agreement, handled completely separately in terms of the rent and individual late fees.

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