ANSWERS: 2
  • This can be a little tricky! Did you have the Landlord's permission to have the third person living in the house in the first place? If not, YOU and the other legal Tenant may be in violation of your signed Rental Agreement! In CA the law states that a person had legal access to a home if they are RECEIVING MAIL there, have their stuff there and generally sleep there. Receiving Mail indicates that it is their LEGAL ADDRESS. You may need to check with a Landlord/Tenant Hotline for YOUR state to find out what their definitions are where you live. Otherwise, I would say try giving her a 30-day written notice...and if it's a twitchy situation or you suspect it will not go down well...MAIL HER the 30-day notice and send it return receipt requested so you have proof that you gave a 30-day notice.
  • If they're paying rent to the landlord, you will have to go through the landlord to get them evicted. If they're paying you the rent, like in a sublet, then you can end the tenency, since you are the one on the lease and renting out to the other person. But anyone paying rent to the landlord has an equal right to you in the house regardless of whether they're on the lease. Being on the lease prevents the tennant from skipping out and the landlord from kicking them out without cause. It does not mean that you have more right to the house than them. (this is my understanding, anyway)

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