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Hello all. If this has been posted somewhere else in this forum, my apologies.
I live in Venice with 3 other people, A, B and C. B and C I want gone. -- B is most likely a drug dealer (I don't have hard evidence of this), and C is just annoying with psychopathic tendencies. We have all lived here for over a year, so we are in a month-to-month arrangement with the landlord.
Myself and the one roommate I want to stay (A) have contacted the landlord on the sly -- he is drafting a new lease agreement with only A and myself as tenants. Now the question is how do we get the other two people out AS QUICKLY AS POSSIBLE without ensnaring ourselves in a protracted legal battle. After the new lease is signed, will the two on the chopping block will essentially become sublessors? Does that make it so we (the tenants) will be able to serve them with 30 day notices? Or do we need the landlord to do that?
Note: the landlord is old, and would prefer that we handle this amongst ourselves.
I think B will be relatively easy to boot, all we have to do is threaten to call the police. C is dug in like a tick, and will probably fight tooth and nail to keep her space.
The obvious idea behind creating a new lease was to say essentially that we (myself and A), are tenants now, and we no longer want B and C to live there, and because we have a new lease without them listed, they will have no legal leg to stand on.
We want to avoid a squatters rights-type situation. Any and all advice will be greatly appreciated.
You could ( but it would have no bearing) give them a thirty day notice.
It has to come from the landlord.
A new lease/rental agreement could be drawn up stating that just two of you are on the new agreement.
It is up to the landlord to issue a 30 day notice to the offending tenants, stating that a new agreement will be going into effect on a certain date, and because they will not be named on the new agreement, they will have 30 days in which to vacate.
If at the end of the thirty day period the tenants have not vacated, it will be up to the landlord, not you, to start the formal eviction process.
Bob.
You could ( but it would have no bearing) give them a thirty day notice.
It has to come from the landlord.
A new lease/rental agreement could be drawn up stating that just two of you are on the new agreement.
It is up to the landlord to issue a 30 day notice to the offending tenants, stating that a new agreement will be going into effect on a certain date, and because they will not be named on the new agreement, they will have 30 days in which to vacate.
If at the end of the thirty day period the tenants have not vacated, it will be up to the landlord, not you, to start the formal eviction process.
Bob.
I remember seeing some of your other posts on here, Bob. You seem like a really professional landlord who knows his stuff.
You could ( but it would have no bearing) give them a thirty day notice.
It has to come from the landlord.
A new lease/rental agreement could be drawn up stating that just two of you are on the new agreement.
It is up to the landlord to issue a 30 day notice to the offending tenants, stating that a new agreement will be going into effect on a certain date, and because they will not be named on the new agreement, they will have 30 days in which to vacate.
If at the end of the thirty day period the tenants have not vacated, it will be up to the landlord, not you, to start the formal eviction process.
Bob.
Yep, that's clear and correct.
Your old lazy landlord will have to do the work. And since you and the offending roommates are on a month to month lease, the landlord still has to give them 30 days NOTICE to vacate before he can create the new lease with you and your friend.
Though if your property is rent controlled, or you've lived there longer than a year, it may be difficult to get them out in 30 days.
I believe it is now 60 days notice. Correct me if i'm wrong.
I think the 60 day notice only applies if the building, or a particular unit is going to undergo major renovation.
I will check my rules publications and see what the actual ruling is.
In researching my files, rules under the rent stabilization ordinance state that a 60 day notice is required if the building/ unit is going to undergo major rehabilitation, the unit is going to have a manager or family member of the owner occupy the unit.
Other than that, a thirty day notice is required in eviction proceedings.
Bob.
I remember seeing some of your other posts on here, Bob. You seem like a really professional landlord who knows his stuff.
Thanks for the compliment.
I make it my business to stay on top of matters relating to the rental market.
I do this to protect myself, as well as my tenants.
I think the 60 day notice only applies if the building, or a particular unit is going to undergo major renovation.
I will check my rules publications and see what the actual ruling is.
I believe CA law says that if the tenancy has been for longer than a year (which is the case here) the required notice to vacate on a month to month rental is 60 days.
When I read the title of this thread I thought... Have you ever seen the play Arsenic and Old Lace?
Offer them some mulberry wine and a nice resting place in the cellar.
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