In CA, how long can your roommate keep a guest that isn't authorized, can I charge extra rent/utilities?

Question

My roommate's brother can to visit about a month ago and he just hasn't left. I have asked my roommate when his brother would be leaving, and he says that he does not know. I am tired of sharing my two person apartment with three people when the third person isn't helping with any of the rent or utilities. I just want this guy out. Do I have any rights here? What can I do to get his brother out or at least get paid for the extra roommate?

Answer 1

Most rental agreements and even HOA guidelines i've seen allow guests for 14 days.  Check your lease, perhaps if speaking to your roommate isn't getting anywhere, you can speak to your landlord, and get them involved.  I had a sim. situation, but worse was that my roommate was my boyfriend of many years.  Its hardest when its family.  Here are some helpful web links on tenant laws, that may or may not help you.  

http://www.courtinfo.ca.gov/selfhelp/

http://www.dca.ca.gov/publications/landl...

Whose name are the utilities in?  perhaps you can refuse to pay some items, and make the brother pick up the slack.  

Answer 2

In most rental agreements I've seen, it's about ten or fifteen days that a guest can stay. Then they have to pay rent.

You should just go to the brother and say, "Dude, I don't have a problem with you. But you have to pay rent if you want to stay here. Period. If not, you have to get out." You should remember, though, that this is family and your roommate is probably NOT going to side with you.

What also might work is going to your roommate and saying, "Unless you get him the h**l out of here, you can pay all of this S**t yourself because I'm leaving." He can't sue you because the judge will rule he already HAD a replacement roommate: his brother. Therefore, you did not leave him hanging in any way and aren't responsible for any bills he incurred after you left.

Barring that, talk to your local tenant-landlord agency and see what legal actions you can take. Whether he's paid or not, he may have established residency and if he has, you have to formally evict him with a notice and 30 days, etc.

Good luck.

Answer 3

Believe it or  not, you sue the guest for loss of privacy and theft of

services.

Also, perhaps easier, is to leave yourself and find a replacement

tenant, creating what is called a SANDWICH lease.

During the time this new tenant is there, he-she is YOUR tenant

not the tenant of the landlord.

[next time you have a roommate, write into the agreement

the acceptance of an ARBITER, a problem solver.  Then,

if a situation exists, you call the arbiter and whatever the arbiter

says, you both agree to do.  The arbiter should be

a professional person.