Boarder will not leave

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lisamik

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I am desperate. I allowed a man to stay in my house (sleeps on couch in living room) while he did some construction on a workshop in my backyard. I was to pay him for his work and he was to pay $5 day to stay, plus 1/2 food, utilities, phone etc . This started mid-Jnuary 2005 and is going on still. He paid his share of stuff until Feb. 13 only. He promised in writing that the work would be done Feb 23d. I paid him then for the work to that point with the balance due upon completion. On Feb 25th with him being no where near completion I gave him 3 days notice to move out of my house but with the option to finish the work. He has not finished and he will not leave.

The California Civil Code 1946.5 defines this as a lodger situation to the best of my understanding. The thing is I live in Berkeley where laws are geared to protect tenant.
This man has even yelled at me and called me names.

Can anyone help please?
 
lisamik said:
I am desperate. I allowed a man to stay in my house (sleeps on couch in living room) while he did some construction on a workshop in my backyard. I was to pay him for his work and he was to pay $5 day to stay, plus 1/2 food, utilities, phone etc . This started mid-Jnuary 2005 and is going on still. He paid his share of stuff until Feb. 13 only. He promised in writing that the work would be done Feb 23d. I paid him then for the work to that point with the balance due upon completion. On Feb 25th with him being no where near completion I gave him 3 days notice to move out of my house but with the option to finish the work. He has not finished and he will not leave.

The California Civil Code 1946.5 defines this as a lodger situation to the best of my understanding. The thing is I live in Berkeley where laws are geared to protect tenant.
This man has even yelled at me and called me names.

You are correct. Take a look at this thread: http://www.thelaw.com/forums/showthread.php?t=3815&highlight=lodger

It provides some insight into the law as well as a great resource to assist you directly with the problem.
 
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