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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 19651
Experience:  B.A.; M.B.A.; J.D.
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eviction reqirements from a boarding house

Customer Question

eviction reqirements from a boarding house
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 7 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Could you explain a little more?

 

What is your question?

Customer: replied 7 years ago.

As the owner of a house and renting a room to a person, without a written agreement, which term is expected to be for three months at $500.00 per month rent. With the rental paid in arears. In other words that is by agreement, after every 30 days has past, the rent is paid in arears.

 

Now six days into the first month, I find that the person is not what they represented themself to be.

 

Question, can I evict them within twenty four hours, or must I give them 30-60 days notice?

Expert:  Phillips Esq. replied 7 years ago.

Thank you for the additional information:

 

As the owner of a house and renting a room to a person, without a written agreement, which term is expected to be for three months at $500.00 per month rent. With the rental paid in arears. In other words that is by agreement, after every 30 days has past, the rent is paid in arears.

 

Now six days into the first month, I find that the person is not what they represented themself to be.

 

Question, can I evict them within twenty four hours, or must I give them 30-60 days notice?

 

Response: You must give them a 30-day notice to move out. Then, if they do not move out at the end of the three-day notice, you have to file unlawful detainer action against them and obtain a Writ of Possession from the Court before the can be forced out. There is no self-remedy to evictions in California. This means that you cannot change the locks, shut off their utilities in order to force them out. You must use the Courts to force them out.

 

Texting is not considered proper notice under California law.

 

These are proper notices:

 

(1) You served the notice to the tenants in person by handing it to them;

(2) Posting the notice on their door;

(3) Mailing the notice to him by regular mail.

 

See California Code of Civil Procedure Section 1161(2)-(4); 1167.3, Code of Civil Procedure Section 1170.5(a); California Civil Code Section 789.3., Civil Code Section 1717.

 

The unlawful detainer/eviction action would be filed in the Superior Court in the County where the property is located. Click here for more details on eviction procedures and for unlawful detainer forms:

 

http://www.courtinfo.ca.gov/selfhelp/other/landtenqa-land.htm

 

http://www.courtinfo.ca.gov/selfhelp/other/landtenudforms.htm

 

 

Customer: replied 7 years ago.

Would boarding house/motel/hotel laws in this instance change your answer?

Expert:  Phillips Esq. replied 7 years ago.

Would boarding house/motel/hotel laws in this instance change your answer?

 

Response: No, it does not.

Customer: replied 7 years ago.

DRE, CA Tenants handbook:

 

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.9 Most lodgers have the same rights as tenants.10

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 "landlord's notice to end a periodic tenancy," page 50.) 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.11

 

Does this have any bearing?

Expert:  Phillips Esq. replied 7 years ago.
Let me review the sections that you have just cited and get back to you.
Expert:  Phillips Esq. replied 7 years ago.

 

 

Response: Yes, it does. The 30-day written notice still must be given. At the expiration of the 30-day notice, if they do not leave, you can evict them without going to Court. See California Civil Code Section 1946.5 and Penal Code Section 602.3.

Customer: replied 7 years ago.
Relist: Inaccurate answer.
He or she did not know the law.