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  1. #1
    Join Date
    Jan 2010
    Posts
    3

    Default What Are My Rights As a Lodger

    My question involves an eviction in the state of: California

    I am renting a room from a unmarried couple, have been for a year now. From January of 2009 to October of 2009 my landlord was the guy, then he sold his house and we moved and it's now his girlfriend. I am a single mother of a difficult child and over the last year every time the child has gotten into trouble that could lead to eviction the man has told me if I have sex with him he will make sure his girlfriend doesn't evict me. I keep telling him no, he then supposedly talks her into letting me stay and then continues to tell me I owe him big time and I know what I owe him etc.

    Last nite he and I got into an argument over the way he was talking to me in front of my son, he then manipulated me and my son into another argument where I restrained my son and then he told me that he did it all on purpose and now has me on video phone restraining my son and that he will call cps and tell them I abuse my son. When I heard this I flipped out and told him exactly what I think and he cornered me in the living room, pushed me and threatened to snap my neck and kill me. In the heat of the moment I threatened to stab him and his girlfriend grabbed me by the throat.

    There is no question whether I need to leave or not. That is not even an issue. Nobody in their right mind would stay after the things this man has done. However, the man has guns in the house, told me this morning if I even look at him wrong he will shoot me and when I got home I had a 30 day to vacate notice. He is also threatening to tell his girlfriend I have been sleeping with him which is a total lie and then made the comment, "See now if you had just given me what I wanted to begin with, none of this would have ever happened." I am afraid to call the cops because if they don't arrest him my son and I have to be around him until I can find a new place to live. My rent is due on the 5th and I have nowhere else to go. I do plan on paying the rent, it's the right thing to do, but my question is, what if anything should I do about the sexual harrassment and threats on my life?

    He is telling me if I call the cops he will have the girlfriend lie for him and put it all back on me, plus submit the video and say he was defending my son from abuse and have me put in jail. Our other roommate is so disgusted by all this that he gave his 30 day notice today but he has not actually been here when the threats of violence have been made and I have no witnesses other than my 10 year old son who was in the bedroom and heard what was going on.

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

    Default Re: What Are My Rights As a Lodger

    The other roommate will say what if interviewed by the police?

    What are you hoping to accomplish?

    How old is your child? Do you believe that the video would be regarded by protective services as reflecting mistreatment of the child?

  3. #3
    Join Date
    Dec 2009
    Posts
    3

    Default Re: What Are My Rights As a Lodger

    I work in Public Housing in Pennsylvania, and have familiarity with Landlord Tenant disputes. Just remember, a 30 day Notice to Vacate means you have 30 days to leave from the date of the notice. If you don't leave, he will have to file charges against you at your local magistrate's office. This is a civil matter and not a criminal case, so nothing will show up on your criminal background as a result. He will then have to convince the judge to uphold his request for eviction, and I am sure he will be mortified if you show up and divulge his misconduct. The judge will then decide if you must leave, and in the case he rules against you, you will have an additional period of time to leave. You may also appeal his decision to a higher court, and that action will keep you in your apartment for months, not that you want to be there any longer.

    He cannot remove items from your apartment nor can he enter your apartment without a court order. The court will notify you of any impending action, so don't be afraid of a "sneak attack."

    Obviously, that's the least of your concerns. Video of you "restraining your son" is not a big deal, as it is your responsibility to control him, especially if he is a danger to himself or others. Don't buy into his threats and don't be intimidated. Besides, the goal of CYS is to maintain family structure and not to divide it.

    You Need to Leave Now! I cannot emphasize that enough. He sounds like he is mentally unstable and people like that are unpredictable. Who knows what he is capable of. Landlords like him are trash, and he has been eyeing you up since you first met. There is no telling if he has been in your apartment and what he has done when you have been out.

    You should go to the police too and tell them about the situation. You need to think about your safety and what he has threatened to do. At the very least they will talk to him and tell him to stay away from you. He will not go to the police because he is afraid of what YOU will tell them. Plus, this will provide a record of you being the victim and asking for assistance.

    If money is an issue with you, you should look into affordable housing options in your area, like your local housing authority. Ask around and find a safe location prior to moving in. Applications take a couple weeks to process.

    As for the sexual harrassment and threats, thats difficult to prove. At the best, he could be charged for Harassment. While he made Terroristic Threats against you, you also made one against him.

    Simply put, cut your losses and LEAVE NOW!

  4. #4
    Join Date
    Jan 2010
    Posts
    3

    Default Re: What Are My Rights As a Lodger

    Just an update. I haven't had access to the computer for the last couple weeks. I don't live in an apartment. We live in a house that his live-in girlfriend owns. That makes things a little more difficult. He started to get really nasty a couple days after all this happened until I showed him the bruise he left on my shoulder. Then he backed off a lot and started apologizing profusely. Typical abuser behavior. I went down to the police department and I filed a report and they took pictures of the bruise. They aren't going to even talk to him until after I'm out of here because we are trying not to antagonize him any further. I have found an apartment for my son and I and we move in on the 3rd. The Rental Assistance Program is going to help me with my first month rent or deposit so that I can afford the move.

    Unfortunately, there isn't a whole lot I can do about his behavior. The DA will have to decide whether one bruise is enough to convince a jury of 12 that I am telling the truth. Chances are, they won't do anything at all but at least the report is filed in the event he decides to nut up again. For now my child is staying with family until I get my own place. I just stay in my room when he is home to avoid any contact at all.

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