Roommate won’t vacate

2 Replies

Hello everyone I have a problem my roommate is refusing to leave at the end of our lease in a month and we have signed a new lease without him what is he considered. A holdover tenant? I’m in California. Who has to evict him me or he landlord and can they evict just him since the lease was a joint and several lease. I’m meeting with a attorney later today

@Storm S. - I know CA have specific tenant laws, but I would assume he would be considered a holdover 

Whose tenant is he, yours or your landlords. If he originally signed a lease with your landlord and you have now signed a new lease without him on it then he is your problem. He becomes a friend staying in your apartment. Call the police and have him removed if they will do it. Or alternately put his belongings on the  curb.

If you want your landlord to deal with him as a hold over he will need to evict all of you since it is you that will be in violation of your new lease by having a unauthorised guest.

Because you are in beautiful CA you may have no rights at all. Your attorney is really the only one that can answer or another landlord operating in your same jurisdiction.

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