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  1. #1
    Join Date
    Apr 2008
    Posts
    10

    Default How To Evict A Lodger

    My question involves an eviction in the state of: California
    I have a single lodger renting a room in my house. She has been unemployed for a while now, and has decided to stop paying rent. When I ask for it, she says she will pay me when she gets a job...
    At this point she is more than a month overdue on the rent. I plan to have her served with a three day notice as soon as I am clear on issues.
    Question #1: since she is supposed to pay rent monthly, but often paid bi-monthly because her paycheck and then her unemployment were bi-monthly, would I be expected to give her 15 days notice or 30 days notice?
    By failing to pay rent, has she given me notice?
    Question #2: Since she is more than a month in arrears on her rent, can I have her removed after the third day if she does not pay in response to the three day notice of pay or quit?
    Since I occupy my house in which she rents a room, I do not have to go through formal eviction proceedings (CA Civil Code 1946.5)
    She has been telling friends (and it leaked back to me) that she figures that it will take me at least five months to get her out.
    She has also informed me that she has invited a friend to visit with her "for a couple weeks or so", and that it is her right to do so. Do I have any legal obligation to have a stranger staying in my house simply because my lodger invited her?
    (This lodger used to be a friend.)

  2. #2
    Join Date
    Apr 2008
    Posts
    10

    Default Re: Questions About Evicting A Lodger

    This is an addenda to my post above.
    I want to add that the "friend" that my lodger wants to invite to stay here is a prospective love interest she met on the internet, not even anyone she really knows.

    I am in my 70s. Does my lodger have more rights to her lust than I do to feel safe in my own home?

  3. #3
    panther10758 Guest

    Default Re: Questions About Evicting A Lodger

    This link should provide you with info you need and, no you do not have to allow her lust object to move in if you don't to

  4. #4
    Join Date
    Apr 2008
    Posts
    10

    Default Re: Questions About Evicting A Lodger

    I know I don't have to let the visitor move in, but I need to know if I can prevent the visiter from being in MY HOUSE overnight, for a few days, for a week or more. Since I cannot legally bar the lodger from the shared areas of my house (and no way to do so either), and since my lodger expects to have her visitor in her bed (and therefore in the house) at night, I do not feel completly secure, and I also do not want to have to be here 24/7 to possibly prevent theft, etc..
    My lodger (who seems to be 39 going on 17) does NOT know this person except from on-line chats and cyber-sex. And on-line, people can represent themselves anyway they want. I really do not want this visitor in my house for any extended (over two hours!!) time.
    When I told my lodger I did not want her cyber-friend here for two weeks, she said that I could not legally prevent her from it.

    I have told my lodger that she can have her daughter visit at times, overnight at times, but this is NOT the same.

  5. #5
    Join Date
    Apr 2008
    Posts
    10

    Default Re: Questions About Evicting A Lodger

    Is there anything I can do???

  6. #6
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Questions About Evicting A Lodger

    Have you served her with the 3-day notice yet?

    How long has she lived there?

    Do you have a written lease? Or is she a month to month tenant?

  7. #7
    Join Date
    Apr 2008
    Posts
    10

    Default Re: Questions About Evicting A Lodger

    There is nothing written... my lodger was an acquaintance who had just broken up with the lover with whom she was living (I knew them both) and was desperately seeking a place to live. I am on limited Social Security that covers my monthly bills but not gas and groceries, and had an empty guest room, so it seemed at the time that it would work. She was also employed at that time, which she is not now (and her unemployment compensation has now run out). When I ask for the rent, she now gets angry and keeps saying she will pay me after she gets a job. I know she is under pressure, but there are plenty of help wanted signs around the small town where we live.

    She has lived here month to month for around two years (it might be a few days under or over two years). At this point she owes rent since 20 March, since she paid only partial in March and none in April. I had to borrow money in April to cover my expenses... the same amount she owed me.

    I got the three day notice together to serve her, planned to do that day before yesterday, Sunday, but she didn't come home until well after midnight and I was in bed. She was gone again by 7:30 Monday morning (yesterday). Mid-afternoon, I had a friend knock on her door to verify that she wasn't here, then post the three day notice on her door after which we went to the Post Office and my friend mailed the three day pay or quit notice to her, with a receipt of mailing from the Post Office. Even though her address is here, she receives her mail in a locked mailbox to which I do not have the key. We did not sent the notice Certified because she probably wouldn't sign for it.

    As it turns out, she did not come back here Monday night or yet today. The notice is still tacked to her door, and I left a small telltail that tells me her car has not been here nor has she been in her room while I was gone today.
    (I raked where she usually parks... no new tiretracks on my road while I was gone)

    So now I have to also wonder if she can be considered legally served if she takes off for a while when I had no idea she would be gone, or doesn't pick up her mail for a few days.
    I am really trying to do it all legally because I don't need the hassle of her having any grounds to stay.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Questions About Evicting A Lodger

    Above and beyond seeking eviction for nonpayment of rent, consider this.
    Quote Quoting Evicting a Lodger
    However, in the case of a single lodger in a house where the owner lives and 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 length of the notice must be the same as the amount of time between rent payments (for example, 30 days if the rent is paid monthly, or 7 days if the rent is paid weekly). 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.

  9. #9
    Join Date
    Apr 2008
    Posts
    10

    Default Re: How To Evict A Lodger

    I showed California Civil Code Section 1946.5 to both the paralegal at the local court (on Friday) and the local court clerk )on Monday). Both of them said that the local sheriff's office will want to see a judgement (or whatever it is called) on the notice of detainer before they will do anything.
    It was my take also, re 1946.5, that I shouldn't have to be the one having to jump through the legal hoops. Fortunately, I learned yesterday that my income is such that I can get a fee waiver for the $200 it would cost to file the notice of detainer. But it really looks like I have to file the notice and put up with whatever defense she might feel she has. (She has also been trashing me to her friends and some mutual acquaintances. This is a small town... word gets back!! She has also told some of them that she figures it will take me five months to get her out, which she interprets as five months of free rent. One of her big complains about me is also that I treat her like a child... because I expect her to clean up after herself.)

    Side comment... look in the landlord-tenant forum under "Other" for another one of my issues with this lodger.

  10. #10
    panther10758 Guest

    Default Re: How To Evict A Lodger

    When you win the eviction the judge will order all past rest to be paid.

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