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  1. #1
    Join Date
    Apr 2007
    Location
    California
    Posts
    16

    Default Is Former Roommate Returning to the Rental Unit Tresspassing?

    My current tenant had given me her one month notice last month, and the move out date is set for the 20th.

    She states that she won't be able to get all her stuff out in time, and must return on the 21st to pick up her things. I didn't like that idea, but agreed to it as long as she would schedule an exact time to pick up her things, and that she surrender her key on the 20th. She refused to set an exact time, saying she doesn't know her schedule. She also refused to return the key until she picked up her things, and said if I wasn't around she was going to just come in and get it.

    If she did such a thing, would it be considered trespassing? What are some of my possible remedies or things I can cite? I'm in CA.

  2. #2

    Default Re: Roommate returning to the Rental Unit--Tresspassing?

    No it would NOT be trespassing at all..that would come much later only if / when you filed a formal UD action against her.

    Absent that she is merely a holdover tenant..for ONE day you are going to argue it? I assume she has paid you through the 20th right?

    If so tell her that her tenancy is over as of that last day and since she has only paid through that day she needs to give possession back to you as of midnight the 20th at the latest.

    See what she does.

  3. #3
    Join Date
    Apr 2007
    Location
    California
    Posts
    16

    Default Re: Roommate returning to the Rental Unit--Tresspassing?

    No, she has NOT paid through the month yet. She didn't have the money, so we negotiated a two installment payment plan; drew up a contract, we both signed it, she wrote out a post dated check.

  4. #4

    Default Re: Roommate returning to the Rental Unit--Tresspassing?

    Seems you really are a sucker..sorry..but a POST DATED CHECK from a roommate who is leaving??

    What is the date on that post dated check? Did you pro-rate the rent for only 20 days of July?

  5. #5
    Join Date
    Apr 2007
    Location
    California
    Posts
    16

    Default Re: Roommate returning to the Rental Unit--Tresspassing?

    I did not prorate it. Yeah, I know. I made some bad choices, but I'm learning from them. If her checks turn out to be no good, I have her driver's license number, license plate, VIN number, and Social Security Number; I'm pretty confident I'd be able to locate her and serve her litigation papers. Yeah, I know; I don't want it to go there. I definitely won't make the same mistakes again next time.

  6. #6

    Default Re: Is Former Roommate Returning to the Rental Unit Tresspassing?

    Number one..in CA you cannot charge her rent for any time past the notice end period or accept it or you may risk invalidating the notice all together.

    SO she has every right to the property until the END of the month if the funds are good.

    Again I have to ask WHEN IS THE CHECK DATED?

  7. #7

    Default Re: Is Former Roommate Returning to the Rental Unit Tresspassing?

    CA is a literal rent day/notice state. That means that 30 days is a LITERAL 30 days and that rent is only owed through the end of the notice period AND is to be paid on regular due dates.

    You have thus far made more mistakes than she has...so I think you'd best try to work things out with her...

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