What happens when onlyone tenant is named in the lease and the other tenants are not paying their rent?

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What happens when onlyone tenant is named in the lease and the other tenants are not paying their rent?

I am the only person in my household with the name on the month to month agreement. I am kicking my house mates out and they refuse to pay the remaining money owed for rent. Are there any legal actions that I can take to recover my money?

Asked on November 6, 2010 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You have a month to month lease? Really? Do you sign a new lease every month because I think that the law would require that?  Or do you mean you had a lease and it expired and you are now a month to month tenant?  Although I think that this issue needs to be figured out, I think that you should be able to consider the other parties "sub tenants" and you as their landlord.  They are your month to month tenants.  You now have to evict them just as your landlord would have to evict you, formally and through the courts, in order to obtain a judgement of eviction and the back rent owed. I would get help here.  Good luck.


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