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  1. #1

    Default Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    I had damage done to my mobile home last winter from a leaky roof. And my bad roomie ratted me out to the HCD. So the man came and took a lot of pictures and sent it to me. I asked for a conference, and an agent is coming tomorrow. Many stupid things were mentioned, like unshieded romex cable in the shop for lighting and picture windows that are supposed to open? What?

    I am going to have my roof repaired soon as my buddy is disabled at the moment from an arm injury. I am askng the agent for more time to do repairs. This is an old moblle home in a Senior Park, and I have a limited income of $ 915/mo.and have disabilities myself. I have started painting over water stains, and fixed a damaged ceiling panel.

    The inspector could RED TAG the room where roomie sleeps, where most of the damage is, and wouldn't he order him to vacate in that case? The roomer has had at least 7 30 day notices by now, and has NOT PAID RENT in over 3 months!The roomie is renting the room, and not the house, although he has kitchen priveleges, and uses the bathroom in the house.

    In no way will I let him squat inside my house! A recent 60 day notice was served him and I may file another UD(unlawfull detainer) against him. He had filed an answer to my last UD, claiming "habitability issues" and damage to his furniture, which is nothing but junk partical board junk.

    Or, could I file a restraining order on him?He harrasses me and yells at me, and pulls dirty little tricks, like hiding my valuables and hacking my computer, etc.

  2. #2
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    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    The fundamental issue here is that you are renting out a room in a manufactured home that is likely legally uninhabitable. If it is, odds are that will take care of the roommate issue -- but you will need to repair your home if you want to legally reside in it and, if your roommate has to move out due to it condition, you may end up being liable to your roommate for damages.

    As for trying to get a protective order under these circumstances? It's going to be seen as retaliatory, or perhaps as an effort to end-run the law governing lawful termination of tenancy or to try to avoid the inspection of your home. If you have tried to evict him and have been unsuccessful in court, then all the worse. If he "hacks" your computer, password protect it and keep it locked in your bedroom.

  3. #3

    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    Thank You. Anyone else want to chime in?

    But if the HCD orders him out, its on them isn't it? I will file a UD on August 20 to get him out.

    The inspector came and walked thru the room and the house.

    Good News! He ordered the roomer out by Sept. 3! So I won't have to file another UD. Roomer says he will sue me for cost of moving, etc.BAH!

    Bad News, I have to fix all the violations, some of which roomer created. Didn't say how long he would give me

  4. #4

    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    I can file a new UD after August 20. Or, should I just wait until the HCD kicks him out. If they do that, its on them, and not me. Right?

    HCD insists I tear down the room, and fix other violations by Oct. 1. I would like to put the place up for sale and get out of here. But I dont hink I can sell it unless the violations are fixed first.

  5. #5
    Join Date
    Mar 2013
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    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    Quote Quoting recogno
    View Post
    I dont hink I can sell it unless the violations are fixed first.
    Sure you can.

    Price it cheap enough and somebody will buy it as is.

  6. #6

    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    I go to court Monday(the 18th) to get the bastard out!
    I will ask for a writ of possession and give it to the Sheriff's office, and I will file a restraining order.

    How long can he stay there after the writ is done?

    And what is CA civil code 1946.1? It doesn't look good at all. What is it?

  7. #7
    Join Date
    Mar 2013
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    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    http://leginfo.legislature.ca.gov/fa...tionNum=1946.1.

    What part of that are you asking about?

  8. #8

    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    Like what is it? Is it a concern?

    Can I get an answer here?

  9. #9

    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    Went to court Monday. Went in to mediation. He gets to stay until the 4th of November, and no one owes any monies.

    The problem is; The HCD inspectors are coming back October 1, and expect the room to be vacant, and torn down!
    I will have to let them know about the new court order, and I doubt that they will go for it!

    So does a County court trump their order(HCD)??

  10. #10
    Join Date
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    Default Re: Can You Get a Restraining Order Against Somebody Who Rents a Room From You

    Your mediated settlement does not trump an order to demolish illegal construction. You can be fined and otherwise penalized by the HCD for your noncompliance.

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