CONVICTED CHILD MOLESTER

[NANCY44]

I'M RENTING A ROOM TO A MAN WHO WAS JUST FOUND GUILTY OF CHILD MOLESTION. HE IS CURRENTLY IN JAIL WAITING SENTENCING THE END OF APRIL. THERE'S A SLIGHT CHANCE HE MAY GET PROBATION. I DON'T WANT HIM BACK HERE AND HAVE SENT HIM A LETTER IN JAIL TELLING HIM I CAN'T CONTINUE TO HAVE HIM LIVE HERE. I LIVE IN A MOBILE HOME PARK AND SEX OFFENDERS ARE NOT ALLOWED. THERE ARE CHILDREN HERE AND I JUST WANT HIM OUT. HIS BELONGINGS ARE HERE. HIS FAMILY IS OUT OF STATE BUT IN COMMUNICATION WITH ME. IF THEY DON'T TAKE CARE OF HIS BELONGINGS WHAT DO I DO? I HAD NO IDEA HE WAS WHO HE IS TILL HE WAS ARRESTED. ALL THE TIME HE SAID HE WAS TOTALLY INNOCENT. I TOOK HIS WORD FOR IT AND LET HIM STAY. I LIVE IN CA. HELP I'M DESPERATE.

THANK YOU

[OHlandlord]

I answered this yesterday but for some reason the post didn't show up. (I was having problems with this site yesterday. Maybe a glitch in their site?) Anyways:

You live in CA which is very tenant friendly so you need to be sure to folow the law. Can I assume he has no lease, but just a month to month agreement? If so, follow this:

Issue him a written 60 day notice to terminate the agreement. Tell him that you will not renew the monthly agreement and that he must remove all his belongings and return the keys by xx/xx/xx date. Make sure you add in the required offer of inspection per CA law in it. Do not allow his family to remove his belongings unless he sends you written permission to allow that. If he is not gone by the end of 60 days, you may file for eviction. You may want to check CA law on lodgers since renting a room may have different requirements than other types of rentals (like apts or houses). My info is based on apt. rentals under LL-Tenant law but there may be a separate section for lodgers. Please check to see.

If he mises paying the rent for this month or next, you can serve him a 3 day notice to Pay or Quit as soon as legally allowed (after any grace period is up). (Call the clerk of court and ask what type of service is required for someone who has not paid but is in jail.) If he has not paid by the end of it (not counting the day you gave it to him, weekends, or holidays usually), you can file for eviction immediately.

While you do not want him there (and I can't blame you), you do have to follow the law about ending his tenant's rights to the rental unit. IN the meantime, you should probably let the park management know that you are taking all the lawful steps to end his tenancy there as soon as legally possible so they will not hold it against you.

You may also want to check your state law on sexual offender requirements. If the park falls under one of the restricted areas, there may be an expedited procedure to remove him that I do not know about.

good advice!!