1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Landlord to a single lodger in my home Recovery of Premises

Discussion in 'Other Residential Landlord & Tenant Issues' started by Zuckerbug, Feb 23, 2014.

Thread Status:
Not open for further replies.
  1. Zuckerbug

    Zuckerbug Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    My tenant gave me a verbal notification he would move out on 2/21/14. He is leaving to move into a friend's house. He moved half his stuff, including his bed, and dog. Food, toiletries and some linens are still here, and he has my keys. I've tried to reach him but get no response. I have his security deposit still and plan to use some, if not most, to repair damage to my wooden floors.

    I have two questions: do I need to serve him a 30 day that he leave the premises if he gave me notification he was moving out, and can I charge him rent for not taking all of his belongings? I would like to move his stuff into the garage, at least, to make way for a friend who is moving in March 1. Also, i have no forwarding address for him so would notification, if necessary, consist of me mailing a notification to my own home?

    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 "Tenant's notice to end a periodic tenancy".) 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
     
  2. army judge

    army judge Super Moderator

    Messages:
    34,997
    Likes Received:
    6,048
    Trophy Points:
    113

    How do YOU PROVE you we're given ANY notice?

    You can't.

    If he thinks differently tomorrow and decides to make trouble for you, he'll simply say, "I have no idea what you're going on about, I never said I was leaving!"

    You want him out, you evict him properly.

    I'd give him the 30 day notice and follow the statute.

    That means you protect his stuff, and don't touch anything until the eviction proceeding has occurred and the judge has sued the order.

    If you change the locks before the order is issued you'll make big trouble for yourself.

    If it isn't in writing, it never was said, and it never happened.

    Assume the worse.
     
  3. Zuckerbug

    Zuckerbug Law Topic Starter New Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Oops, I meant he gave me verbal notice on the 21st of January, so it's been 30 days. I hear you armyjudge, I can't prove he gave me notice, but isn't a verbal agreement enough in CA?
     
  4. army judge

    army judge Super Moderator

    Messages:
    34,997
    Likes Received:
    6,048
    Trophy Points:
    113

    It all depends what he REMEMBERS in court.

    You want him out, give it a shot.
     

Share This Page

Thread Status:
Not open for further replies.