State Of California -- How To Evict A Roommate?

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Old Dec 17th, 2011, 04:42 PM   #1
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Default State Of California -- How To Evict A Roommate?

State: California

How to evict a roommate?

We have rented our residents for 18 years, and we are in excellent standing. Roomate is not on our rental agreement. He is my daughter's boyfriend. My daughter asked if he can stay since his parents was kicking him out, which we found out later that it was a lie. We said that he can stay for a few days as a trial, but wasn't said to stay as a roomate. He has not paid any moneys to us for rent. Since he has been here for 2 and a half months he has talk to us disrepectfully, threatened to assault my ill disabled husband several times, abuse our daughter verbally and mentally, stolen $430 from me, our box of checks are missing, daughter has been missing money from her checking account, which she has never had any problems before meeting him, tried to steel husband's tools to hock, does drug, I and hubby saw him do a drug exchange several times in front of our house, smoking in the house even though we said that he can not, which there are "no smoking" signs posted at the entrance of our house, due to oxygen in use in the house for a person that has COPD, he says that my daughter doesn't have to pay her portion of the rent, so she hasn't, and he has my daughter running him every where and keeps her out all night or longer, which causes my daughter to not do her duties to take care of her disabled wheelchair bound mother and disabled father.

Hubby and I are on a fix income, and we want to know what are the steps to get this guy evicted from our home. Our home was peaceful before he came here.
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Old Dec 17th, 2011, 05:03 PM   #2
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Default re: State Of California -- How To Evict A Roommate?

I wish to inform you that the status of your daughter's boy friend is that of a single lodger in a private residence. In this given situation, you may evict him without using formal eviction proceedings. You may serve a written notice to him to vacate the premises. The period of notice is equivalent to the time period between payment of rent. As he does not pay any rent, therefore, you may ask him to leave the premises immediately. If he does not leave the premises after receiving the notice, you may remove him as a trespasser. The following legal provisions apply in this case:
Civil Code Section 1946.5.
10 Civil Code Section 1940(a).
11 Civil Code Section 1946.5, Penal Code Section 602.3.

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Old Dec 17th, 2011, 11:50 PM   #3
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Default Re: State Of California -- How To Evict A Roommate?

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Originally Posted by VIRGINIA View Post
State: California

How to evict a roommate?

We have rented our residents for 18 years, and we are in excellent standing. Roomate is not on our rental agreement. He is my daughter's boyfriend. My daughter asked if he can stay since his parents was kicking him out, which we found out later that it was a lie. We said that he can stay for a few days as a trial, but wasn't said to stay as a roomate. He has not paid any moneys to us for rent. Since he has been here for 2 and a half months he has talk to us disrepectfully, threatened to assault my ill disabled husband several times, abuse our daughter verbally and mentally, stolen $430 from me, our box of checks are missing, daughter has been missing money from her checking account, which she has never had any problems before meeting him, tried to steel husband's tools to hock, does drug, I and hubby saw him do a drug exchange several times in front of our house, smoking in the house even though we said that he can not, which there are "no smoking" signs posted at the entrance of our house, due to oxygen in use in the house for a person that has COPD, he says that my daughter doesn't have to pay her portion of the rent, so she hasn't, and he has my daughter running him every where and keeps her out all night or longer, which causes my daughter to not do her duties to take care of her disabled wheelchair bound mother and disabled father.

Hubby and I are on a fix income, and we want to know what are the steps to get this guy evicted from our home. Our home was peaceful before he came here.
I'm going to assume you meant you've been living at the same residence for 18 years.

Let's start with the basics. Your daughter is not required to "do her duties" by care-taking for anyone if she's not qualified to do so. To put her in such a position is extremely selfish and disrespectful.

Secondly, if you allowed this man to move in without asking the landlord's permission first, you may have violated your lease.

If that's the case, you cannot evict him. The landlord must do that.

You may find yourself being evicted yourself if this gets too messy for the landlord.
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Old Dec 18th, 2011, 04:00 AM   #4
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Default Re: State Of California -- How To Evict A Roommate?

Did you call the police and report the abuse? Report the threat of violence? Report the stolen money, and did you report the box of checks as being stolen? Report the attempted threat of stealing tools? Report the drug use?

Your daughter apparently either has low self respect if she permits him to treat her this way, unless she is protecting you because he threatened you with harm and told her so, or she enjoys dancing to his merry tune. I don't know which one it is, or if it's something else going on with her.

You're in a mess of your own making, unfortunately. You didn't kick him out after the "trial" period.

Stop being a victim! Don't be helpless--you have some choices here!

Call the police and make some reports. Get yourself down to the courthouse any way you can and file for a restraining order.

Your daughter plays a part in this too, so lay some of the blame at her feet and if you must, she needs to move out.

Call your social worker (since you are disabled, you probably have one, and if you're on SSI, disability etc, you'll have one) and see about getting a reliable home health care worker there to help you so you don't have to rely on your daughter, who is obviously not thinking with her brain.

If your daughter is staying there illegally (not on the lease agreement or rental agreement) and if the boyfriend continues to stay, you ALL may find yourself at the other end of an eviction proceeding.

Believe me when I say the California courts will likely NOT take into account that you and your spouse have disabilities. They will, however, see that you are in violation of your lease or rental agreement.

Just the drug dealing and drug use alone would give a LL the right to immediately curtail your lease or rental agreement and boot you to the curb as is appropriate when legally done the way your city requires it to be done. You've been given some advice, but because one of the parties is your daughter, my guess is you won't be doing anything. Good luck.
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Old Dec 18th, 2011, 04:05 AM   #5
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Default Re: State Of California -- How To Evict A Roommate?

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Originally Posted by AFFA View Post
I wish to inform you that the status of your daughter's boy friend is that of a single lodger in a private residence. In this given situation, you may evict him without using formal eviction proceedings. You may serve a written notice to him to vacate the premises. The period of notice is equivalent to the time period between payment of rent. As he does not pay any rent, therefore, you may ask him to leave the premises immediately. If he does not leave the premises after receiving the notice, you may remove him as a trespasser. The following legal provisions apply in this case:
Civil Code Section 1946.5.
10 Civil Code Section 1940(a).
11 Civil Code Section 1946.5, Penal Code Section 602.3.

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What AFF said.
Pulled this from the web:
Single lodger in a private residence

A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.9 Most lodgers have the same rights as tenants.10

However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.11

Look it up for yourself: Calif dept of consumer affairs, publications, landlord book or google: evict lodger in CA

I'd consider the loser an unwanted guest since he never paid rent. However, if he is receiving mail there as his residence, then he'd be a lodger I would think. What a mess.
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Old Sep 16th, 2013, 12:16 PM   #6
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Default Re: State Of California -- How To Evict A Roommate?

Quote:
Originally Posted by AFFA View Post
I wish to inform you that the status of your daughter's boy friend is that of a single lodger in a private residence. In this given situation, you may evict him without using formal eviction proceedings. You may serve a written notice to him to vacate the premises. The period of notice is equivalent to the time period between payment of rent. As he does not pay any rent, therefore, you may ask him to leave the premises immediately. If he does not leave the premises after receiving the notice, you may remove him as a trespasser. The following legal provisions apply in this case:
Civil Code Section 1946.5.
10 Civil Code Section 1940(a).
11 Civil Code Section 1946.5, Penal Code Section 602.3.

AFF
Would this civil codes apply to my dad's house and my nieces boyfriend in El Paso, Texas. I think they are paying $50 dollars a week so far about 4 months now.
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Old Sep 16th, 2013, 04:26 PM   #7
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Default Re: State Of California -- How To Evict A Roommate?

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Would this civil codes apply to my dad's house and my nieces boyfriend in El Paso, Texas. I think they are paying $50 dollars a week so far about 4 months now.
NO.

The referenced statutes apply to California law. No such lodger laws apply in Texas.
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Old Oct 6th, 2013, 12:04 PM   #8
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Default Re: State Of California -- How To Evict A Roommate?

unfortunately, unless Virginia or her husband are the OWNERS of the residence they may not take advantage of the single lodger as trespasser California statute. To strictly comply with with requirements of law they need to serve him with a 30 day notice terminating his tenancy, in language that complies with the law, then file an unlawful detainer action. They may do so even if they are not the owners, but are tenants themselves, as they have the right to exclusive possession of the premises by reason of their rental agreement with the owner.

They should try legal aid, or California Rural Legal Assistance if they are limited income.

Otherwise, they may be able to find a sympathetic lawyer who will do it for a low cost. Try the local bar association in your county for a legal referral.

You should get this individual out of your home immediately.

If he is threatening and committing illegal acts, you should make a report to the police and consider making a civil petition for orders to stop harassment. As it is not really his home, you may get an order requiring him to stay 100 yards away. Such petitions are heard ex parte, and you could get your order in a matter of a few days. There are judicial council forms available on the web, or through the local county clerk for orders to stop harassment and for unlawful detainer.
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Old Feb 2nd, 2014, 06:09 AM   #9
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Default Re: State Of California -- How To Evict A Roommate?

How do I evict a roommate that is a sub-tenant in foreclosured unit. I was the master tenant on the lease before the bank became the owner of the unit. I have lived here 16 years.
Roommate moved in 3 years ago, and was paying me rent. One and half years ago, unit went into foreclosure. Now bank owns property. Since then I have not paid rent, nor has sub-tenant paid me anything. Roommate has told me that he won't leave until bank gives us 90 day notice.
However, since the foreclosure, this roommate has been making unilateral decision , and acts like he can do want ever he wants since there is no owner, so to speak. And that he has just much right to stay here as I do until the bank tells us to leave. Most recently, he changed the bedroom lock on his bedroom door without telling me. The situation is toxic and I want roommate gone. Since I was legally the tenant on the lease before the foreclosure, and the bank has agreed to let me stay, what rights does the subtenant have during the foreclosure?
Can I give the roommate 90 day notice? Or does the bank?
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