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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default I Told Roommate to Leave After His Verbal Notice

    My question involves a roommate in the State of: California

    On March 2, 2011 I had a roommate move in. He paid rent for March and a $200 deposit, and signed a month-to-month agreement that stated that either party may terminate this agreement by a 30 day written notice, and that the deposit would be
    returned within 14 days. About two weeks late he asked if his girlfriend could move in, I agreed. About a week later they started to fight. I told him that I would not put up this and if it happened again that one of them would be leaving (I did not specify which one). Since then he has come home many times drunk and they have gotten into it. A few days after the April rent was paid, I asked him to turn down his music one afternoon, he came out and told me that we would be leaving at the end of the month (verbally, nothing written).

    This past Sunday night he came home drunk about 2:30 AM. At 4:30 AM they were getting into it again and slamming doors. I then told him that he could leave anytime. He packed some things and said that he would be back that afternoon (Monday) to get his things. (There are other domestic things between him & his girlfriend, which I am staying out of). She is getting a restraining order against him, and on Monday night put his clothes boxed up on the patio and told him to come and get them, which he did. He did not return the key, so I changed the lock (as far as I know he doesn't realize this yet). Today he sent another person over wanting his deposit back. I told him when I get the key back I will send him his deposit as a money order via certified mail to his PO box.

    I just want to cover myself so I wanted to know if I have or have not handled this appropriately. Any input would me appreciated.

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: I Told Roommate to Leave After His Verbal Notice

    Quote Quoting CraigB
    I changed the lock (as far as I know he doesn't realize this yet).
    Good thing he doesn't realize it yet, since you blew it.

    Change the lock back so his key works, or else he could sue you for many thousands of dollars; the way to legally get him out is to go to court.

    He is entitled to all of his deposit back, except for damage beyond normal wear and tear, such as not returning a key. You can only charge for the cost of replacing the lock.

    Oh, and read The California Landlord's Law Book: Rights & Responsibilities.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: I Told Roommate to Leave After His Verbal Notice

    From what you've told us you're his landlord, so you're obligated to abide by California's laws governing landlords, including laws governing the return of security deposits. Read this.

    Before you rent to somebody again, read that entire guide. You are lucky at this point that you haven't been sued for unlawful detainer.

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