California Landlord- Additional roommate moves in

2 Replies

One of our 1 bedroom units already has 6 people in there. A daughter's boyfriend moved in recently. They're on month to month and there is no rent control. 

Do I issue a Notice to Perform or Quit? Under "Witness" do I need to name the exact person by name or can i say property manager(on site or off site). Also, can't I also just issue a 60 day notice to increase rent by $200 or so. Not related to the additional person, but just because?

So that’s 7 people living in a one bedroom apartment? Wow. Too many. 

The type of notice you’d issue depends on what you want to accomplish. I’m assuming you want the newest addition out, so yes you can issue a notice to perform or quit for that. 

Not sure what you mean about the “witness”. You don’t need a witness to issue a notice. (Even if your form has a space to list one, it’s not something that’s legally required.)

It sounds like you’d also like to increase rent. Multiple notices can be served at the same time. You don’t say what the current rent amount is, so I’m not sure what percentage a $200/mo increase would be. But basically you need to provide a 30 day notice for an increase of 10% or less, and a 60 day notice for an increase greater than 10%. 

If they’re month-to-month you don’t need to provide a reason, and I wouldn’t. Just issue the notice and after the identified date on the notice (at least 30 or 60 days out) the rent increase becomes effective. 

Thanks for the response!

Sooner or later I want them all out, but I want to use the additional person to increase the rent and/or evict them. Yes, the Notice has a witness line. Didn't know I did not need to list a witness, date and time. 

In the meantime, yes I'd like to increase rent. It's only $1250 so yes I'd need the 60 days. 

Thanks again!