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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38160
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am in California and rented a room out ( owner occupied

Customer Question

I am in California and rented a room out ( owner occupied residence). I served the renter a 30 day notice and he has installed a key lock on his bedroom door without permission and not given me a key. As a "lodger", I understand that under civil code 1946.5 he cannnot do this. It is also in his signed agreement that he not install locks or make alterations to the property with out written approval. We are only 4 days into his 30 day notice and he has threatened me and also said I should lock up all my valuables. I am afraid of what is happening to my property behind his closed and now locked bedroom door and his continued actions. He accused me today of drinking some of his milk and wanted compensation. I now want to serve him a 3-day based on his violation of installing locks. Do I have to give him the ability to fix it and stay our his 30 days, or do I have grounds to just to the 3-day QUIT. I also understand that as a lodger in an owner occupied home, if he does not leave when his time is up in either situation, he can be removed as a trespasser and he is not afforded writ of execution or unlawful detainer.
Thank you!
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If he is in breach of the lease, according to the CA Dept of Consumer Affairs, then you can give him a 3 day notice to terminate his tenancy due to the breach without a right to cure. (CA Code of Civil Procedure Section 1161(2)-(4).

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So no, you don't have to give him a right to cure and can accelerate the termination of his tenancy.

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While you are technically and legally correct that you can have a lodger removed as a trespasser by police after any notice period has expired, you may run into trouble actually getting the police to do so. Even when directly pointed to the statute, many police will click into "stupid mode" and say "Ok, this is an eviction, if no order from judge, I can't do"... and won't take action for fear of getting sued if they are wrong...

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So you can try to get the local police to follow the law here, but if they refuse, then you have to pursue a formal unlawful detainer through the courts like a normal landlord.

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thanks

Barrister