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  1. #1
    Join Date
    Jul 2015
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    2

    Question Must You Refund Rent to a Lodger Removed Pursuant to a Protective Order

    California - San Luis Obispo.

    We rented a room in our home (verbal month to month) to someone who became threatening and physically assaulting after we gave him a legal 30 days notice to move out followed later by a 3 day notice for the reason of violence. After 20 days of this we had to get a restraining order and the police came and removed him.

    We said he could have his deposit back if someone can get his stuff out of the room soon. He ordered us not to touch his stuff and also wants prorated rent to be refunded from the time of his kick out.

    I'm wondering if he is responsible for rent until the point of his kick out, until the room is actually empty of his belongings, or until the end of the month (not entitled to a refund)?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Must You Refund Rent to a Lodger Removed Pursuant to a Protective Order

    His rent is paid up to the end of the month. He's not entitled to any of it back because you terminated the tenancy due to his breach.

    A case could be made that he's not entitled to his security deposit back because he was supposed to give you a month notice and he didn't.

    I'm not sure I would push that issue if you got his stuff out by the end of the month.

    However, you would be entitled to apply his security deposit to any expenses you incur as a result of his breach.

    Now here's the important part.

    You MUST follow the California statute that addresses property left behind by a tenant. Read the entire statute and follow the instructions to the letter:

    http://www.leginfo.ca.gov/cgi-bin/di...file=1980-1991

    In your notice you may demand that he appoint somebody to come get the stuff.

    Once you've addressed the personal property issue then follow the instructions in the security deposit statute 1950.5:

    http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

    Next time you want to rent out a room in your home, don't. It's not worth the trouble.

  3. #3
    Join Date
    Jun 2015
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    988

    Default Re: Must You Refund Rent to a Lodger Removed Pursuant to a Protective Order

    A tenant has a legal right to maintain an empty dwelling place ....and a restraining order does not necessarily terminate a tenancy....read it and cross check any applicable CA laws.

    The tenant may continue to owe rent until the tenancy is properly terminated and /or there is a mutual surrender of an empty unit.

  4. #4
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    Default Re: Must You Refund Rent to a Lodger Removed Pursuant to a Protective Order

    When you say "We rented a room in our home", do you mean (a) this is a home you own, and (b) you are renting one room in your home to a single lodger, with no other lodgers or tenants in your home? If so, the thirty day notice should suffice to terminate the tenancy under California's single lodger law, without the need to go to court. However, with the tenant already out of the premises that's likely a moot issue.

    The protective order complicates his recovery of his property. What arrangements are being made to facilitate his recovery of his property?

    Quote Quoting 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. Most lodgers have the same rights as tenants.

    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.
    Quote Quoting California Penal Code, Sec. 602.3.
    (a) A lodger who is subject to Section 1946.5 of the Civil Code and who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period, provided in Section 1946.5 of the Civil Code is guilty of an infraction and may, pursuant to Section 837, be arrested for the offense by the owner, or in the event the owner is represented by a court-appointed conservator, executor, or administrator, by the owner’s representative. Notwithstanding Section 853.5, the requirement of that section for release upon a written promise to appear shall not preclude an assisting peace officer from removing the person from the owner-occupied dwelling unit.

    (b) The removal of a lodger from a dwelling unit by the owner pursuant to subdivision (a) is not a forcible entry under the provisions of Section 1159 of the Code of Civil Procedure and shall not be a basis for civil liability under that section.

    (c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4 of Division 3 of the Civil Code applies to any personal property of the lodger which remains on the premises following the lodger’s removal from the premises pursuant to this section.

    (d) Nothing in this section shall be construed to limit the owner’s right to have a lodger removed under other provisions of law.

    (e) Except as provided in subdivision (b), nothing in this section shall be construed to limit or affect in any way any cause of action an owner or lodger may have for damages for any breach of the contract of the parties respecting the lodging.

    (f) This section applies only to owner-occupied dwellings where a single lodger resides. Nothing in this section shall be construed to determine or affect in any way the rights of persons residing as lodgers in an owner-occupied dwelling where more than one lodger resides.
    I would check to see if the police will either provide a civil assist for the recovery of the former tenant's property or, if he qualifies as a single lodger, if they'll remove his belongings under Sec. 602.3(c) of the Penal Code, such that you are insulated from being held responsible for any loss or damage to the property following its removal.
    Quote Quoting adjusterjack
    View Post
    His rent is paid up to the end of the month. He's not entitled to any of it back because you terminated the tenancy due to his breach.
    This is a situation in which the landlord terminated the tenancy on thirty days notice. The landlord should not accept rent past the end of that notice period. The amount of rent in dispute should thus not exceed the ten days remaining under the thirty day notice. The tenant does not have to give a counter-notice in order for his rent obligation to end at the conclusion of that thirty day notice period, assuming he in fact vacates. (In this case he might have tried to stay, but as he was removed pursuant to a protective order that's something we will never know.)

    While the tenant was alleged to have committed acts that justified terminating the tenancy based on the three-day notice, no actual eviction action was filed.

  5. #5
    Join Date
    Jul 2015
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    2

    Default Re: Must You Refund Rent to a Lodger Removed Pursuant to a Protective Order

    Thank you everyone for your help. Yes we own it, however it's a mobilehome, and we had rented one room to one person only. We pay a rent to the park for the space, but otherwise own the mobilehome completely. I've read about that single family lodger law, but when i asked the sheriff about it they said it's their policy not to get involved with it, and that no cop would remove him without a court order. Apparently the police have no obligation to enforce the law, which i had never thought before.

    We gave 30 days notice at the beginning of the month. He said it was illegal (it's not) and he refused to look at the laws when i pulled them up on my computer. He became threatening and violent, etc. about 20 days into the 30 day notice we issued a 3 day notice based on the violence, which only made it worse, and got the restraining order the very next day (the 22).

    He's already made arrangements now for his friends to move his stuff out this Saturday, which according to the codes adjusterjack provided (thank you), is 3 days after, and entitled to an assesment of storage fees, so in the case of this room, the rental amount per day.

    It seems like either way he at least owes rent as long as his stuff remains in the room, which seems fair to me. It would make sense that his violence essentially broke the month to month lease and entitles him to no refund whatsoever. Considering his violence, i think we'll refund from the time he gets his stuff out and hope that's enough to calm him down. Even if we don't owe him that much, it's probably not worth provoking this guy.

    Thanks again.

  6. #6
    Join Date
    Mar 2013
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    Default Re: Must You Refund Rent to a Lodger Removed Pursuant to a Protective Order

    Quote Quoting Oswind
    View Post

    It seems like either way he at least owes rent as long as his stuff remains in the room, which seems fair to me. It would make sense that his violence essentially broke the month to month lease and entitles him to no refund whatsoever. Considering his violence, i think we'll refund from the time he gets his stuff out and hope that's enough to calm him down. Even if we don't owe him that much, it's probably not worth provoking this guy.
    Agree with that.

    Discretion is often the better part of valor.

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