"figgy" <figaro911@hotmail.com> wrote:
My son is renting an apartment ( in California ), and is the
only person on the lease, due to a previous roommate leaving. He
has a new roommate, who is not on the lease ( has been there
less than two months, pays my son by check ). Because of a
serious incident between them, my son wants this person out
ASAP. Can he simply return the prorated amount paid to him, and
request he leave? Or does this person have rights that would
preclude a quick "eviction"?
Unless he can qualify for a restraining order, your son will have to
give his subtenant 30 (possibly 60, but not likely) days notice to
leave, and then sue him for unlawful detainer if he doesn't leave
within that time.
Stu