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I have a single lodger in a private residence. Our

I have a single...

I have a single lodger in a private residence. Our agreement, in writing, was 6 weeks only from Apr. 25th to June 9th. It appears that she does not want to leave due to "health issues". What are my options? She paid rent for the month of May already. I have not taken anything for June and have no intention of. I just want her gone as agreed. She is awful and is claiming that I went into her room without her permission. I put a cable box in that I told her I was going to do and she agreed and I also turned her room light out that she always leaves on but I just reached in to do that. She does not pay any of the electricity. And that I have broken the Implied Covenant of Quiet Enjoyment when I remind her of the move out date (because, as I said, it looks like she does not want to move) and other outrageous claims.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

I am in Southern Californai

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No major terms. Just she's in from April 25th (i let her move in early) and out June 9th. Nothing else.

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

Well, she took herself to the ER Monday night because she said I caused her blood pressure to sky rocket when I asked for my garage door opener back. I had loaned it to her because I allowed her to store boxes in there to go through while I was away for 5 days. She was supposed to have removed them by the time I got back which she did not. All stuff was finally removed a few days ago.

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Answered in 22 minutes by:
5/31/2018
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,062
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

You should plan on just filing a formal eviction action on June 10th as it is unlikely she will leave on her own.. Once her lease expires and she is still there, she is in breach of contract and you can file the very next day to evict her through the courts.

.

There are lodger laws in CA that allow a lodger to be removed as a trespasser, but the police normally won't enforce them for fear of being sued . So you will likely have to just file a formal eviction case like any landlord..

.

.

thanks

Barrister

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Customer reply replied 2 months ago
Thanks.
Part of our initial agreement was a private bathroom. I am going out of my house for 2 weeks on an already planned vacation and had hired a dog sitter who would normally be using the room she's in and that bathroom. Once the lease expires she is no longer entitled to a private bathroom correct? I guess I'll have to leave her in that room (I do have another guest room) right?

Technically no, but legally you can't diminish services that are part of her tenancy... For example, you can't turn off cable or internet if you provide it... or that is considered actions as part of a constructive eviction and could get you sued.

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So if they don't move out, you can't really take away the bathroom as it was part of the tenancy... You can just immediately file to evict through the courts..

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Customer reply replied 2 months ago
I wouldn't be talking it away just sharing it. So I couldn't allow the share to happen then?
Customer reply replied 2 months ago
Taking not talking

If it was private as part of the original tenancy, then you can't take away the "private" part of it. The law says you can't diminish any aspect of the tenancy to try to get a tenant to move or that is considered an illegal "constructive eviction". So you have to keep everything exactly the same as it was until you can evict them..

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Customer reply replied 2 months ago
Ok. Thank you very much!

You are very welcome. Glad I could help.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,062
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 2 months ago
Is there a way I could get a transcript of our conversation m

When I want to save something, I just copy and paste it into a Word document and save it..

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Customer reply replied 2 months ago
Lol. I tried that but on my phone it copied everything. I'll do it on my computer tomorrow. Thanks again!
Customer reply replied 2 months ago
One final question. If my list does not pay rent for the final days of our agreement can I take it from the security deposit?

If my list does not pay rent for the final days of our agreement can I take it from the security deposit?

.

Yes..that is allowed..

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Customer reply replied 2 months ago
Thank you
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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