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lodger law-Calif. 3-day notice

Discussion in 'Other Residential Landlord & Tenant Issues' started by loanman, Aug 8, 2010.

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  1. loanman

    loanman Law Topic Starter New Member

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    Well, here it is Thursday, and he still hasn't been paid!

    So, I will have to file the 3-day in court tomorrow, looks like.
    Now what?
     
  2. mightymoose

    mightymoose Moderator

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    You served him the 3 day notice which expires today. Your next option is to go to the court and begin the formal proceedings for eviction. You will need to do the paperwork for unlawful detainer and then have those documents served as well.

    If you try to stick to the lodger angle I think you will have more trouble in the long run, and will likely end up having to evict anyway.

    That is the legal option. There are certainly other less legal options that might get quick results... but then you risk liability.
     
  3. army judge

    army judge Super Moderator

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    Loanman, fancy that, the deadbeat hasn't left or paid. Well, who would have thunk that? That dude ain't leaving until one night along about 3:00am when you're away or sleeping like a baby. Then, like a CAT burglar, he'll slither away with lots of your valuable stuff and all of his junk. Or, he'll hang on, eating your food, living in your home, using your cable and Internet; all rent free! Damn, what a sweet deal!

    Loanman, you sound like a good guy. I hope you've learned your lesson, don't rent rooms in your home. There's a reason these deadbeats don't have their own homes. They're deadbeats, dope addicts, nut cases, or moochers; maybe all of the above!!!!!
     
  4. loanman

    loanman Law Topic Starter New Member

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    I don't have any choice but to sublet! Try living on $ 632/mo, SS retirement check!

    Space rent is $ 409/mo. + utilities+ 550-700/mo. I only get occasional income from a loan commission. Costs me about 1200/mo. to live and thats after throwing most of my creditors under the bus!
     
  5. bluemann33

    bluemann33 New Member

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    Get someone to move his stuff out and change the locks and maybe he will just leave:D If not then you just have to let him back in until the courts throw him out but maybe he will just say the heck with it and leave.
     
  6. CdwJava

    CdwJava Moderator

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    Not good! Now THAT might get the OP tossed in the clink. Plus, he might have to pay for damages as the "tenant" breaks a door or window to regain entry.

    It is the usual emotional response, but not the correct legal one.
     
  7. mightymoose

    mightymoose Moderator

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    WHile it may get him to leave quickly, it could also get the OP charged with a crime and liable for civil damages to the deadbeat renter.
     
  8. loanman

    loanman Law Topic Starter New Member

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    Here it is, the 21st of August. All week long, I waited for payment, and yesterday he said he had two checks, but hadn't cashed them yet. No payment! Him and girlfriend and kid are asleep, TV on. I will ask for full payment for August again, and if he is short or no payment will give him a 3-Day notice to quit....with violations spelled out.

    I need to get some money at least, so I can pay this months rent. I will offer a short pay, as long as he agrees to move out real soon!

    I showed manager the doctor affidavit: she just asked if it was for an outside aid coming in, or live-in help. I told her live-in help. No issue......yet.
     
  9. army judge

    army judge Super Moderator

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    He's a live in helper, all right.
    Now he's brought his useless sow and little piglet to stay, rent and work free, too!
    Don't expect him to pay you a dime or do any work until all the planet's oceans become fresh water and lead turns into gold.
     
  10. mightymoose

    mightymoose Moderator

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    Why are you serving him ANOTHER 3 day notice???
    Get your eviction started!!! You should have done this as soon as you served him the 3 day notice on the 9th!

    Your 3 day notice really means nothing. He can ignore notice after notice with no penalty. You MUST get an eviction if you want to force him out! (legally)
     
  11. army judge

    army judge Super Moderator

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    Evictions are for renters. Three day notices are for lodgers. Lodgers are easier to remove. With lodgers, a deputy can order them to leave. Hence, the three day notice. But, you knew that. I'm just sayin'.
     
  12. mightymoose

    mightymoose Moderator

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    Well.. I still don't see it is a lodger scenario. This person was allowed to move in as a tenant, not a temporary lodger.
    Time is being wasted with 3 day notices.
     
  13. mightymoose

    mightymoose Moderator

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    As the OP said in the initial post- this was a sublet.
     
  14. CdwJava

    CdwJava Moderator

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    I doubt that any law enforcement officer is going to eject this guest/tenant absent a court order. Unless the guest/tenant admits that he is just a month to month lodger and is essentially willing to leave, the officer is almost certainly going to see this as a civil matter. Plus, as I previously mentioned, the notice has to be for the period between payments and that would seem to be 30 days, so even if treated as a lodger scenario it would seem that proper notice STILL has not yet been provided.
     
  15. Darsha05

    Darsha05 New Member

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    Not sure if this is a legal service, can you tape it to the door of his occupied room? Maybe tape it to the windshield of his vehicle or his visitors vehicles directly over the area that he needs to drive, someone has to remove it...

    Gosh...sure hope this works out for you.

    Dare I ask what you know about this person and why of all people you chose him to rely on?
     
  16. loanman

    loanman Law Topic Starter New Member

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    He finally paid me $ 200 on the 20th. Short, $ 115 + utilities. I did get my August rent paid to management. Now I am broke.

    Now he has moved another girlfriend in!!!! The old one is out. I told him not to, only for occasions. He said he did not have any more $$ than the $ 200 to give me. Said his company had a big mess-up on payroll, etc. He wants to pay $ 200 every two weeks, as that is how he gets paid. Well, my full rent is due on the 1st, and that would make me short.

    It took me THREE MONTHS to even get anybody here, even with paying for newspaper ads, craigs, etc. So few folks have any money, and a lot of problems. The two of them dont bother me much as they stay in the room, and are day sleepers. But being cheated out of $$$ is distressing.

    If I start all over again & look for another roomie, it could take too much time, and would surely lose the house.
     
  17. Darsha05

    Darsha05 New Member

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    Wow loanman...I'm begging out of this link. Good luck to you...people definitely surprise me every day...and your acts of doing something with the futile effort to do nothing at all...

    nuff said by me!
     
  18. loanman

    loanman Law Topic Starter New Member

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    Darsha,

    At this moment, I just havent decided what to do. I am trying to make some income, and that takes up my time. It looks like whatever I do, I am going to lose out.
     
  19. Darsha05

    Darsha05 New Member

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    Trust me loanman...been there...and done that...but I didn't allow that very someone that was meant to "help" languish in my home "until" they can pay. It seriously just doesn't make sense. Step back and re-read your posts...One would so not set themselves up this way.

    Now you describe that he has again moved another in....again nuff said here...your neediness may just cause your eviction.

    Get it together...get rid of the bum and his associates, take a deep breath and push forward...I agree it may set you back...however all you describe with the food and such...

    Your call...since you accepted his payment...you again agreed to extend the contract...shame on you!!!
     
  20. loanman

    loanman Law Topic Starter New Member

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    I didn't agree to extend the contract(lodger agreement)! He is still in arrears!
    And, so the original 3-day stands.

    He gets a check on the 3hd, and after the 5th, he will get a new 3-day when he is short again. He has broken the agreement and not performed covenants cure.

    The food eaten is not much, its just irritating. The new girl has not caused a problem.
    Its just that I can't allow it.
     

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