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  1. #1
    Join Date
    Oct 2009
    Posts
    2

    Question How Do You Evict a Non-Renting Guest

    My question involves an eviction in the state of: cal
    I rented two rooms to a mom and her two minor children. She allowed her two aadult boys to move in as well. The family destroyed my property and stole or broke numerous things from me. The mom said everyone was moving out as of Sunday. My problem the eldest boy refuses to leave. He keeps breaking in (he has no key) and told me I would have to evict him. He has never paid for anything, no rent, utlities etc. He was a guest of his mother's not mine. He has said he has rights because he has lived here for 2 months, does he?? He isn't paying rent. I have no agreement with him. I feel unsafe around him. He smoke dope and the neighbors have witnessed him dealing drugs. I told him I would go to court if I have to and he told him "I wouldn't do that if I were you." He is 3x my size.
    He says that because he gets mail there, he has a legal right to be there, does he?? He has been there for almost 3 months. I don't even know his full name. Can I sue his mom? Since she is the one who let him in?

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

    Default Re: How Do You Evict a Non-Renting Guest

    This is a house you own? You have no other tenants? Read this.
    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.
    I would start with the local police - stop by the station, talk to an officer, and see if they'll put him out as a trespasser. If not, and you're the homeowner, it sounds like you can evict him through the above process. If he's threatening you and you believe the threats, consider seeking a personal protection order.

  3. #3
    Join Date
    Oct 2009
    Posts
    2

    Default Re: How Do You Evict a Non-Renting Guest

    yes I do have other tenants who are afraid to go home since he has threatned to kill them while they sleep.

    The police said it was a civil matter.
    I am too afraid to go home.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How Do You Evict a Non-Renting Guest

    If you have other tenants, he's not a single lodger. If you have grounds for a restraining order, that could get him out. Otherwise, evict him.

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