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  1. #1
    Join Date
    May 2016
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    1

    Default How to Evict a Roomer or Single Boarder

    My question involves landlord-tenant law in the State of: California
    April 1 2016 I rented a room in my single family home which I occupy. April 27th I gave 30 day notice. Rent was paid April 1 is due May 1 but so far 4 days past due. Abusive behavior is the reason for eviction. My ? is, does the 30 day period start the day I served notice or 1st to 1st when rent is due? The deposit agreement was to be in payments to equal 400.00, 150.00 toward deposit is paid, do I have 20 days to return deposit if any is to be given back?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: How to Evict a Roomer or Single Boarder

    If this is a home you own, you can attempt eviction under single lodger rules -- but be aware that some police departments won't assist with removal of a lodger without a court order. You can check in advance with the police department.
    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.
    If this is not a home you own (e.g., this is a home you rent, and the person is your subtenant), you need to proceed with regular eviction proceedings.

    The thirty-day notice is calendar days -- thirty days from April 27.

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