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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23392
Experience:  14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I RENTED A ROOM TO A FRIEND. ORIGINALY HE SIGNED A AGREEMENT

Resolved Question:

I RENTED A ROOM TO A FRIEND. ORIGINALY HE SIGNED A AGREEMENT AGREEING THAT THE TERMINATION OF THE RENTAL AGRREMENT OF MONTH TO MONTH COULD BE GIVEN WITHOUT 30 DAY NOTICE. THIS AGREEMENT WAS DUE TO THE FACT THAT HE WAS GETTING OUT A HALFWAY HOUSE FOR ALCOHOLISM AND IF FALL OFF THE WAGON HE HAD TO MOVE OUT IMMEDIATELY. AFTER 4MONTHS AND A ARGUMENT HE WAS GIVEN VERBAL AND WRITTEN NOTICE. I PRESENTED HIM WITH NOTICE OF "90" DAYS. HE REFUSED TO SIGN THE NOTICE AND RETURNED IT TO ME SAYING HE DID NOT NEED A COPY BECAUSE HE WAS A MAN OF HIS WORD. AT THE END OF THE 90 DAYS HE ASKED FOR A 1 WEEK EXTENSION WHIC I GRANTED. THEN ANOTHER WEEK WICH I GRANTED. I ADVISED HIM THERE WOULD BE NO MORE EXTENSIONS. HE SAYS HE WILL STAY ONE MORE WEEK WEATHER I TAKE HIS MONEY OR NOT. AS FAR AS I KNOW I HAVE FOLLOWED ALL THE REQUIREMENTS UNDER CALIF LODGERS CODE. I WILL CALL THE POLICE ON THURDAY TO HAVE HIM REMOVED. AM I IN LINE WITH THE PROPER PROCEDURES? ALSO I LEASE THIS HOUSE AND HE ALSO IS NOT A LEGAL RESIDENT UNDER THE LEASE AGREEMENT. SO IT ALSO IS IMPERRATIVE THAT I GET IN COMPLIANCE
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Do you rent any other rooms to other lodgers?
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And you lease the house, but don't own it?
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Thanks
Barrister
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Customer: replied 1 year ago.
NO OTHER LODGERS THE OTHER 3 TENNANTS ARE ALL PART OF THE LEASE .. NO I DO NOT OWN I SIGNED A 2 YR LEASE WITH MY WIFE AND HER 2 BROTHERS.
Expert:  Barrister replied 1 year ago.
Ok, I hate to say it, but he is a subtenant, not a lodger under CA law. The lodger law that allows you to evict someone without going through the courts and calling the police to have him removed as a trespasser only applies to owner occupied dwellings where the owner rents out a single room.
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According to the CA Dept of Consumer Affairs: "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). 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." (CA Civil Code Section 1946.5, Penal Code Section 602.3)
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So the lodger laws don't apply to a situation where the person living there is not the owner and has rented to another person. What you have here is a subtenant situation with a month to month tenancy. With that said, you would have to terminate the tenancy with at least a 30 day written notice and then would have to proceed through a formal eviction to get him out.
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I know this is not the news you had hoped for.
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Thanks
Barrister
Customer: replied 1 year ago.
THANK YOU FOR THAT INFORMATION. IN THAT CASE I WILL STILL CALL THE POLICE. I WILL JUST NOT REVEAL TO THEM THAT I AM LEASING THE HOUSE. AND I DOUBT THAT MY TENANT WILL OR IS BRIGHT ENOUGH TO BRING THAT ISSUE TO LIGHT WITH THE POLICE. WITHOUT PROVIDING THAT INFORMATION. THERFORE I HAVE DONE ALL THE PROCEDURES UNDER THE LODGER LAW CORRECT? AS I CANNOT GO TO THE OWNER TO EVICT AS I AM IN VIOLATION OF OUR CONTRACT.
Expert:  Barrister replied 1 year ago.
I was going to suggest that you could try to bluff your way into getting him out, but if the police ask you if you are the owner, then they won't remove him is you tell them that you are leasing the property.
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But yes, if the police assume you are the owner of the house, you can have him removed as a trespasser under the CA laws I cited above.
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Thanks
Barrister
Customer: replied 1 year ago.
I HOPE THEY ASK IF I AM THE OWNER HA HA AND NOT ASK IF I RENT OR LEASE. OR MABEY THEY WONT BE TO KNOWLEDGABLE ABOUT THAT LITTLE TECNICALITY:>) I CONSIDER MY SELF THE OWNER FOR 2 YEARS:>) IM HOPING THAT THEY WILL ASSUME I OWN JUST BASED ON THE CONTRACT AGREEMENT. THANK YOU AGAIN. I REALLY THOUGHT THAT SHOWING HE WAS NOT ON THE LEASE WOULD BE THE CLINCHER TO GET HIM OUT AS A LODGER AND STAY IN LINE WITH THE LEASE AGREEMENT.
Expert:  Barrister replied 1 year ago.
Keep your fingers crossed. Maybe he will vacate if he thinks he can be arrested for trespassing.
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Thanks
Barrister
Customer: replied 1 year ago.
IM ALSO CONFUSED TO WHAT GOOD IS A CONTRACT SIGNED THAT AGREES TO TERMINATION OF RENTAL WITHOUT 30 DAY NOTICE.? IF I STILL HAVE TO GO THROUGH EVICTION PROCEEDINGS
Expert:  Barrister replied 1 year ago.
That is the problem, there are certain rights that a tenant can't waive even with a written contract as the courts have determined that this is against public policy. So a tenant can't waive their rights to force the landlord to go through a formal eviction.
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Thanks
Barrister
Customer: replied 1 year ago.
OH WOW WELL LETS HOPE THE POLICE THAT SHOW UP ARE NOT AS KNOWLEDGEBLE AS YOU:>) HOWEVER I DO HAVE THE DOCUMENTS EVEN AFTER THE ORIGINAL WHERE I GAVE HIM 90DAYS TO MOVE AND THE TEXT MESSAGES WHERE I AGREED TO 2 WEEK EXTENSION. I THINK THE POLICE WILL SEE MY KINDNESS AND TELL HIM TO LEAVE NOW OR AS YOU SAY BE ARRESTED FOR TRESPASSING.... IF NOT MY NEXT STEP WILL BE A CIVIL HARRASMENT RESTRAINING ORDER. THEY ARE QUICKER AND EASIER THAN THE EVICTION... ONE LAST THINGH I AM CONFUSED ABOUT THE TERMS OF AGREEMENT ON THE $44. I DO NOT WANT A MEMBERSHIP
Customer: replied 1 year ago.
THURSDAY IS HIS DEADLINE. IN THE EVENT THAT HE DECIDES TO STAY THE NIGHT AT HIS GIRLFRIENDS HOUSE AND NOT COME HOME.. CAN I STILL CALL THE POLICE TO GO FORWARD WITH THE LODGER LAW
Expert:  Barrister replied 1 year ago.
I would say yes. If the police follow the lodger law, then you could remove his belongings and change the locks to prevent re-entry.
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Thanks
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 23392
Experience: 14 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 6 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
THE TERMS OF SERVICE? I DO NOT WANT A MEMBERSHIP I HAVE NO OTHER ISSUES. SO WHAT HAPPENS NOW?
Expert:  Barrister replied 1 year ago.
I can refer this to JA customer service to make sure you aren't accidentally signed up for any type of subscription.
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Thanks
Barrister

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