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I have a question regarding a lodger in my home. California.

Customer Question
Hello I have a...

Hello I have a question regarding a lodger in my home

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

We filed a unlawful detainer, he went to court to challenge it, we filed the next part but it was dismissed because my gf made a small error on the form

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Too much to single anything out

Submitted: 2 months ago.Category: Real Estate Law
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Customer reply replied 2 months ago
we have this man who has been a lodger at our home for about 6 months, we had a verbal agreement that he could stay in one of our rooms for $1100 a month and an equal portion of the utilities. This gentleman became a nightmare for us and everyone else who lives here. He doesn't do his dishes, he brought a dog we did not discuss and agree to having, he lets his dog into the house for it to poop and pee, except for in the early morning hours he will let his dog out back where we are very explicit to leave the doors locked because of our small dogs and the dangers close by, and leaves the door open, he will eat others food when no ones looking, he's taken food into his room to ensure he got to have ALL of certain things others brought, he has a guest over nearly every night even tho our overnight guest policy is only two per week, we live in this home, it is our main residence. He has also changed the locks and not provided a key, so I would like to know if I am aloud to break into the room to change the lock as long as I provide him with a key, Do i even have to allow him to have a lock on his door? can I remove his door completely? What can I take away from him to make him uncomfortable thats permittable in california law? He also recently told me he would blow up the place as you can see in this link https://video.nest.com/clip/edb10b9caea04b55a83ffa4b3cb92e4b.mp4
Customer reply replied 2 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 2 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 2 hours by:
12/16/2017
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 20,605
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Customer reply replied 2 months ago
Thank you sir :)
Customer reply replied 2 months ago
I guess chat is good ;) lol
Customer reply replied 2 months ago
Didn't realize it was $59 for the phone so I don't think its that important, I'm sure I can do without it
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am sorry to read about your difficulties.

Your Questions:

He has also changed the locks and not provided a key, so I would like to know if I am aloud to break into the room to change the lock as long as I provide him with a key,

Response 1: Unfortunately, no you cannot do that because he has legal possession of the room.

Do i even have to allow him to have a lock on his door?

Response 2: Yes, for his privacy because he is paying you rent to be there.

can I remove his door completely?

Response 3: No, you can do that.

What can I take away from him to make him uncomfortable thats permittable in california law?

Response 4: Nothing. There is no self-remedy to eviction actions in the State of California. You cannot change the locks, take off the door, remove his belongings or do anything else to force him out. You must use the Court system to accomplish the eviction.

He also recently told me he would blow up the place as you can see in this link https://video.nest.com/clip/edb10b9caea04b55a83ffa4b3cb92e4b.mp4

Response 5: If he is threatening to blow up the house, you not only should be fling an eviction case, you should apply for a Restraining Order. A Restraining Order would get him out of the house much quicker.

Best wishes,

Kindly disregard the phone call offer. I did not make it—it was automatically made by the site. Also, I do not participate in the phone call program.

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

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Customer reply replied 2 months ago
does it change anything that he is just renting a room in the same house im occupying myself? and I've never referred to him as a tenant only as a lodger? What can I do about him changing his door lock and not providing me with a key for entry?
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

does it change anything that he is just renting a room in the same house im occupying myself?

Response 1: No, it does not. Also, I am aware of your situation when I answered the question.

and I've never referred to him as a tenant only as a lodger?

Response 2: My answer remains the same.

What can I do about him changing his door lock and not providing me with a key for entry?

Response 3: You can file a complaint with the Court to force him to give you the key.

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Customer reply replied 2 months ago
in the link I provided at approx 53 seconds in can you watch and tell me if you believe what he is saying and how he says it in the context of the conversation is sufficient to secure a restraining order? here is the link again https://video.nest.com/clip/edb10b9caea04b55a83ffa4b3cb92e4b.mp4 he can also be heard in the end of the video making implications he is going to take negative action
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I cannot watch an outside video.

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Customer reply replied 2 months ago
also i overheard him mention to another person renting a room that if he is going to have to move out he's going to make sure everyone has to move out, I don't have proof of this it would be my word against his and he doesn't specifically mention he would do it in a destructive/ threatning manner, would this assist in a restraining order or be denied without proof/witness?
Real Estate Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

It would assist you in getting the Order. However, I cannot guarantee the outcome.

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Customer reply replied 2 months ago
i am going to upload the portion of the video since you cant use the link
i just dont want to waste time if it doesn't seem most likely to secure a restraining order
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 2 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,857
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

I am a DIFFERENT CONTRIBUTOR, as your previous contributor has left.

If you have already gone to court with the unlawful detainer, you need to refile the suit and do it correctly this time, because you will have to go through the legal eviction process at this point or he can sue you for improperly removing him from the residence.

His comments are indeed able to be deemed as threatening and it would be sufficient to use as evidence to get a restraining order to remove him from the residence, but you would still need to follow up with the unlawful detainer filed properly to remove him from the residence permanently.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
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