lodger law-Calif. 3-day notice

[loanman]

I sub letted my mobile home to a 22 year old guy on July 9, 2010. I am a 64m year old senior, and live in an age restricted(55) mobile home park. I let out a room, with kitchen priveleges, under a lodger law, month by month agreement.

He brought his girlfriend & kid here, and they stay over almost every night. I had told him that they could only stay maybe 2-3 nites per week. Then he had his brother stay here 5 nites last week without even asking me! It is august 8, and he still hasn't paid August rent, and nothing towards a $ 100 deposit. They eat some of my food, make too much noise sometimes, etc.

I am in arrears on rent to the park management(1 month) and am about to get kicked out! If they find 3 others living here, I am in deep trouble! The girl and kid are squatters as far as I am concerned. Only he is on agreement.

So I wrote out a 3-day notice to pay or quit, and wrote in a few covenants to perform or quit on the bottom. I will serve him today.

I understand that after 3 days, I could make a citizens arrest, with the sherriffs present, and boot them & belongings out. Is that correct? I would rather they just move out, and pay what they owe. I need the $$$, tho.

What comes next? Help!

 

[CdwJava]

Do you have a written lease? An oral agreement?

 

[loanman]

lodger law-3 day notice to quit

I have a written month by month agreement.

He just did sneak out the front door before I could collect or serve him.

I think he will come up short on rent.
I will accept the $$$, but then what? Still serve the 3 day?

 

[mightymoose]

Serve your 3 day notice. If he doesn't make things right, go to the court and begin the eviction proceedings.

No, you will not be able to make a citizen arrest and boot him out after 3 days. You will not be able to force him out until a judge issues an eviction order.

It sounds like you have someone that will never pay even if ordered to. You might want to consider striking a deal- perhaps offer that if he moves out immediately, or by the end of the weekend, you will not seek damages in court... meaning that you will let him off the hook for what he is past due rather than fight with him for a few months and be miserable. The sooner he gets out the sooner ou can let a better tenant in.

 

[loanman]

This is under Lodgers Law. I had a legal opinion from the Santa Cruz attornies that I could make a citizens arrest on him after the 3 day, and sherriffs would arrest him & remove belongings.

That should make things different than LLTenant law. If I am wrong let me know, and why please.

 

[CdwJava]

A couple of things to understand ... are you the OWNER of the property? If not, then the lodger will require a more involved process involving the owner.

The following four conditions must be present to act on the abbreviated Lodger laws:

- the dwelling must be owner-occupied;
- the owner must retain a right of access to all areas of the dwelling and have overall control of the unit, i.e., no locked doors;
- the lodger/roomer must be the only lodger residing in the unit; and
- the lodger must have contracted either for room, or for room and board, i.e., mus have agreed to provide something of value (a "reward") to the landlord in return (see Civ. Code, § 1925).

The rest of the procedure involves written notice and is set out in Civil Code section 1946.5.

1946.5. (a) The hiring of a room by a lodger on a periodic basis
within a dwelling unit occupied by the owner may be terminated by
either party giving written notice to the other of his or her
intention to terminate the hiring, at least as long before the
expiration of the term of the hiring as specified in Section 1946.
The notice shall be given in a manner prescribed in Section 1162 of
the Code of Civil Procedure or by certified or registered mail,
restricted delivery, to the other party, with a return receipt
requested.
(b) Upon expiration of the notice period provided in the notice of
termination given pursuant to subdivision (a), any right of the
lodger to remain in the dwelling unit or any part thereof is
terminated by operation of law. The lodger's removal from the
premises may thereafter be effected pursuant to the provisions of
Section 602.3 of the Penal Code or other applicable provisions of
law.
(c) As used in this section, "lodger" means a person contracting
with the owner of a dwelling unit for a room or room and board within
the dwelling unit personally occupied by the owner, where the owner
retains a right of access to all areas of the dwelling unit occupied
by the lodger and has overall control of the dwelling unit.
(d) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.​

It is also very likely that you will run in to deputies who will not act on a claim of trespassing in a landlord tenant issue - it is not something covered in routine patrol training. You might get lucky and get an officer that understands PC 602.3, but unless you get a patrol deputy who has been assigned to the civil division at some time, the odds are he will not be too eager to accept your private person's arrest and force anyone out.

With any luck, your notice will serve to get him out. But, if you are not the owner, then this is going to be a big bluff anyway.

 

[army judge]

I sub letted my mobile home to a 22 year old guy on July 9, 2010. I am a 64m year old senior, and live in an age restricted(55) mobile home park. I let out a room, with kitchen priveleges, under a lodger law, month by month agreement.

He brought his girlfriend & kid here, and they stay over almost every night. I had told him that they could only stay maybe 2-3 nites per week. Then he had his brother stay here 5 nites last week without even asking me! It is august 8, and he still hasn't paid August rent, and nothing towards a $ 100 deposit. They eat some of my food, make too much noise sometimes, etc.

I am in arrears on rent to the park management(1 month) and am about to get kicked out! If they find 3 others living here, I am in deep trouble! The girl and kid are squatters as far as I am concerned. Only he is on agreement.

So I wrote out a 3-day notice to pay or quit, and wrote in a few covenants to perform or quit on the bottom. I will serve him today.

I understand that after 3 days, I could make a citizens arrest, with the sherriffs present, and boot them & belongings out. Is that correct? I would rather they just move out, and pay what they owe. I need the $$$, tho.

What comes next? Help!

Your "lodger" arrangement is illegal, as you can't rent to a YOUNGER person under your current rental situation and restrictions.

You can't LEGALLY rent a room to a 22 year old in a seniors only trailer park or apartment.

The law won't protect your property or leasehold rights, because your hands aren't clean.

What you're going to do is wind up getting YOURSELF evicted for breach of YOUR leasehold.

What you did isn't legal.

You're in jeopardy of being evicted, too.

It could be for non-payment of rent and/or renting to a person TOO young to live PERMANENTLY on the premises!

Your only LEGAL recourse is to evict the freeloader before the park management gets wind of what you've done.

Your previous "legal" advice was erroneous and inapplicable in YOUR current situation.

The lodger law doesn't apply to you in your special situation.

Here is the CA Consumer Affairs website so you can review the applicable law.

http://www.dca.ca.gov/publications/landlordbook/whois.shtml

 

[loanman]

I understand what you say.

However, several months ago, I got a written avidavit from my doctor stating that I need assistance at home with the activities of daily living.

This conforms to the park rules allowing me to have someone here under the normal age limit.

So, do I need to give him a notice of termination and for how long, or does the 3-day notice accomplish that?

I will go talk to the Sheriffs Dept, and see if they have an officer who understands this.

 

[army judge]

I understand what you say.

However, several months ago, I got a written avidavit from my doctor stating that I need assistance at home with the activities of daily living.

This conforms to the park rules allowing me to have someone here under the normal age limit.

So, do I need to give him a notice of termination and for how long, or does the 3-day notice accomplish that?

I will go talk to the Sheriffs Dept, and see if they have an officer who understands this.

If he is a health aid, then he can't be a lodger.
The letter from the physician, notwithstanding.
You won't get the arrest relief from the sheriff.
If you do, expect your "faux-lodger", "aka-health aid" to sue YOU!
You are getting yourself out on a limb, that is about to be CUT OFF.

 

[mightymoose]

This is under Lodgers Law. I had a legal opinion from the Santa Cruz attornies that I could make a citizens arrest on him after the 3 day, and sherriffs would arrest him & remove belongings.

That should make things different than LLTenant law. If I am wrong let me know, and why please.

As you have described it, I see a month to month tenancy, not a periodic lodger. I suspect your best bet is the formal eviction process. You won't be easy to get a sheriff to cooperate with your attempt to remove him otherwise.

Also, if you did make a citizens arrest you would be responsible for civil damages if it is a bad arrest... meaning the guy could turn around and sue you for the bad arrest and you could owe a bazillion dollars. The police would have you sign a document in which you acknowledge that responsibility, which frees them of any wrongdoing.

 

[mightymoose]

I understand what you say.

However, several months ago, I got a written avidavit from my doctor stating that I need assistance at home with the activities of daily living.

This conforms to the park rules allowing me to have someone here under the normal age limit.

So, do I need to give him a notice of termination and for how long, or does the 3-day notice accomplish that?

I will go talk to the Sheriffs Dept, and see if they have an officer who understands this.

In spite of your doctor's note, you clearly did not rent to this person to assist with your daily living- you did it for extra income.
If he was in fact hired for assisted living, you simply need to fire him and order him out... and in that case the sheriff would help you... but that isn't the case.

Your 3 day notice might persuade him to move out... but if not then you will need to evict. I strongly encourage you to NOT make a citizen's arrest in this case.

 

[CdwJava]

So, do I need to give him a notice of termination and for how long, or does the 3-day notice accomplish that?

The notice must be for a period of time equal to the time between rental payments. In this case, 30 days.

I will go talk to the Sheriffs Dept, and see if they have an officer who understands this.

You can talk to them, but they are not likely to provide legal advice, though they might be willing to send someone out to talk to your tenant and encourage him to move ASAP. If you later - after he has been given proper 30 day notice - make a call to the Sheriff you get whatever deputy is assigned to your beat area. That deputy will respond and, like Mightymoose also affirmed, the deputy is not likely to act on this. And even if you did sign a citizen's arrest for PC 602.3 and the deputy acted on it, the liability would be on you if any "T" was not crossed or "I" dotted.

I suspect that even I would not act on this if I received a call because of the nature of the matter and too many questions that could not be answered at the scene. A court order - like an eviction - is really nice because then the officer can see what the law says and it is clear. You get into other areas of landlord tenant law and most officers want to run away screaming because it is like traversing a minefield. Sadly, many apartment complex managers and rental landlords do not even know the laws all that well so we spend a lot of time trying to educate them and referring them to attorneys who specialize in these matters.

I wish you luck in this matter, but would strongly recommend that you either get an attorney to assist you directly, or, you bite the bullet and evict him. You can try the lodger route, but it could be more of a bluff than anything you can actively enforce through the sheriff's department.

 

[loanman]

I cant have him(and others) squatting here without paying any rent, while I give a 30 day, and wait for a U.D.!

I got a call from managers and they want rent today! I will get another 3-60 day notice. I need to get another Roomer in here asap!

Another thing, this guy has violent tendencies, and is evasive, manipulating.
I will knock onnhis door now, and see if I can talk to him. Will give a 3-day, unless full payment is made today.

What if he is short? Or NO PAYMENT?

 

[CdwJava]

You can always call the sheriff and see if you can get a deputy to force him out, but I would not count on that at all. Maybe it will happen, maybe it won't (I'm wagering on the latter).

When you take on a boarder of any stripe, you open yourself up to potential problems. The laws tend to side with the tenant, and the laws in that area are largely found in the Civil Code and not in the Penal Code. The deputy enforces the Penal Code. So, unless you can convince the deputy that the elements of PC 602.3 have been met, it is doubtful he will act immediately.

But, nothing prevents you from trying to bluff ... just hope he doesn't call your bluff.

For reference:

602.3. (a) A lodger who is subject to Section 1946.5 of the Civil
Code and who remains on the premises of an owner-occupied dwelling
unit after receipt of a notice terminating the hiring, and expiration
of the notice period, provided in Section 1946.5 of the Civil Code
is guilty of an infraction and may, pursuant to Section 837, be
arrested for the offense by the owner, or in the event the owner is
represented by a court-appointed conservator, executor, or
administrator, by the owner's representative. Notwithstanding Section
853.5, the requirement of that section for release upon a written
promise to appear shall not preclude an assisting peace officer from
removing the person from the owner-occupied dwelling unit.

(b) The removal of a lodger from a dwelling unit by the owner
pursuant to subdivision (a) is not a forcible entry under the
provisions of Section 1159 of the Code of Civil Procedure and shall
not be a basis for civil liability under that section.

(c) Chapter 5 (commencing with Section 1980) of Title 5 of Part 4
of Division 3 of the Civil Code applies to any personal property of
the lodger which remains on the premises following the lodger's
removal from the premises pursuant to this section.

(d) Nothing in this section shall be construed to limit the owner'
s right to have a lodger removed under other provisions of law.

(e) Except as provided in subdivision (b), nothing in this section
shall be construed to limit or affect in any way any cause of action
an owner or lodger may have for damages for any breach of the
contract of the parties respecting the lodging.

(f) This section applies only to owner-occupied dwellings where a
single lodger resides. Nothing in this section shall be construed to
determine or affect in any way the rights of persons residing as
lodgers in an owner-occupied dwelling where more than one lodger
resides.​

 

[loanman]

I thank you all for your replies!

Twice today, I knocked on his bedroom door, called his name, no response. Hes ignoring me. I can hear the TV on, and he talked on the cell phone. I want to serve him the 3-day with covenants to cure.

Wait until I cancel the Satelite TV box. That will get his attention!

You know what I hate? Its that this country seems to protect the criminals and miscreants, over the honest people! And it seems you need a lawyer to accomplish anything today. Thats no knock on you lawyers, by the way. Just sayin'.

I will have to jump up and chase him out the door as he tries to leave and serve him...this is ridiculous!

 

[army judge]

I thank you all for your replies!

Twice today, I knocked on his bedroom door, called his name, no response. Hes ignoring me. I can hear the TV on, and he talked on the cell phone. I want to serve him the 3-day with covenants to cure.

Wait until I cancel the Satelite TV box. That will get his attention!

You know what I hate? Its that this country seems to protect the criminals and miscreants, over the honest people! And it seems you need a lawyer to accomplish anything today. Thats no knock on you lawyers, by the way. Just sayin'.

I will have to jump up and chase him out the door as he tries to leave and serve him...this is ridiculous!

Our system rewards no one.
It does, however, protect everyone.
It's called due process.
It's a damn fine thing, too.

In all fairness, you're to blame, too.
And, you're eager to try it again!!!
At any rate, unless he voluntarily leaves, this nightmare isn't going to end anytime soon.
Expect this drama to take anywhere between 4-8 weeks before the court orders him out.
That, I might add, won't start until after you catch him and serve him!!!!


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[loanman]

I served him the 3 day!

He claims that his company shorted his paycheck 12 hours.
I will see what happens tomorrow.

Thanks for your help.

Oh, the park rules say nothing about a helper being a health aid.

 

[mightymoose]

Your park management will see right through the "helper" bit as soon as they talk to they guy. He isn't likely to cover for you.

The fastest way to get him to leave is not going to be done by legal process. If he doesn't pay up immediately then you can expect that he is saving his money until he is forced out. You can disconnect any tv and Internet services that you are paying for, and you can stop stocking up the refrigerator if he is eating your food.

You should consider an alternate agreement that allows him to leave promptly at minimal expense, allowing you to get a paying renter in faster.

However, if you are dependent upon his share of the rent to pay the full amount owed, then you are in a jam.

 

[army judge]

If I were in your jam, I'd lock up and/or hide ALL of my valuables.

You can bet your sweet, sweet patooty; the deadbeat will attempt to relieve YOU of YOUR stuff!!!!


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[loanman]

Army Judge, you are a realist. And, yes, I need to be protective about my stuff.

I really do need help here at home. Have doctors affidavit spelling that out...management know that I ned help, too. He has done a few things to help out, but not enough.

He said today that he has 5 p.m. meeting with accounting to straiten out the shortage.
Well, we will see about that.

Today, I told him: "Pay, and you can stay till the end of the month, and if you dont want to stay, let me know right away"

I just want him to pay, and give me time to get someone else in here, who will not have all these problems, ya know?