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Roommate Agreement, Is It A Lease?

Business Law discussions

Roommate Agreement, Is It A Lease?

Postby Llevelys » Sun May 11, 2014 11:22 am

I came from CA where a "lodger" in a private home is not subject to eviction law.I then stupidly created a handwritten agreement called a "roommate agreement" with some people to dwell in the top two floors of my house, a furnished sublet, which quickly descended into HELL, including hostility, door slamming, snuck-in pets and snuck-in occupants.I thought my "roommate agreement" would be subject to the same 30 day notice and I put on it "until August 1st" which is five months away. I am a single woman with 2 younger males and 2 younger females, 2 of which are not on the agreement.I am wondering what the best way to proceed is. I don't feel good or safe with the people in the house.Thanks for any help.
Llevelys
 
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Roommate Agreement, Is It A Lease?

Postby kelven » Fri May 16, 2014 8:57 pm

You basically have a tenant and you must follow the rules for a tenant eviction. If the tenants have breeched part of the contract -agreement you are entitled to begin evict process about now--but you need to follow the rules to a T.Hopefully the agreement is clear ehough that other occupants are not permitted? And no pets permitted? There is a single lodger exception in CA law in ones own unit --but it would not seem to apply toyour fact pattern.
kelven
 
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Roommate Agreement, Is It A Lease?

Postby Duarte » Tue May 20, 2014 3:45 am

I agree. Doesn't sound like the lodger thing applies.Study up on your state's actual landlord tenant statutes and proceed accordingly.That's right. Read them. Don't rely on what you've been told or what you hear.The following website has several links to CA landlord tenant info:http://www.thelpa.com/lpa/lllaw.htmlWhere there are just summaries of statutes make sure you read the actual statutes.
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