Lodger retaliates!

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coongal2003

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I have more than one lodger renting rooms in my home where I live also. He put his tv (with surround sound) on the wall where it is next to my bedroom which is 3 feet next to my head. I have asked repeatedly for him to turn the volume down. He agreed to the quiet time rules 10p.m. to 8 am. Last month I spoke to all and said that I would be taking my Satellite box out of his tv and place it in the other living room because I was not getting sleep at night and I had to repeatedly ask for him to turn the volume down. Last week I finally had the chance to make this change and was met with retaliation by this same lodger signing his portion of the chore list Saying "no thank you" and under my portion of the chore list he wrote "put my cable back". I have asked him twice to speak with him and both times, he said not right now, and again he is too busy with his kids- and he proceeded to take a 2 hour stroll with his girfriend. Not only does he not respect my position as another tenant but landlord with constantly letting his 51/2 yr old daughter run up and down the hall at 10:45 pm until he falls asleep on the couch. He refuses to put the tv into his room. Do I have the right to give him a 30 day notice to vacate?
 
As a landlord, with month to month tenants, you don't need a reason to ask them to leave. But, prepare for a full blown eviction, should he choose to ignore your demand!


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Thank you. I am prepared to hire an attorney. I have a 2nd question. He is saying that he will be refusing to pay his satellite bill because I took away his rights. I explained that he can use the same box in the other living room and he has the option of watching it there. He DOES use his own tv for watching dvd's, but pays another tenant for his share of combined tv and internet access which he uses constantly. Can I subtract these costs from his deposit if he does not pay? AND can I charge per hour according to what I make per hour at my job for my time to fix/repare items he has left in disrepair?
 
I can justify my actions when I've repeatedly asked him to turn the tv down after quiet hours, documented it, and also reminded him that I get up at 5:45 a.m. to get ready for work and get home after 7pm most nights. He signed the agreement which includes shared utilities,and 2 chores and includes the hours of quiet time.
 
An attorney is really not necessary but if you have never done it one might be wise. Notice is usually 60 days.
 
No, just the hourse of quiet time, which when he watches tv (always with surround sound) with one speaker blasting into my bedroom wall (literally 3 feet from my head) and letting him know that it vibrates my wall and I also can hear him getting sex from the girlfriend on the couch also from 6 feet away, so that why I didn't touch any of his components, just took out my box and placed it 8 feet away from the other living room which is next to another wall. I cannot hear it where it is now.
 
I've read the DCA.ca.gov, but it doesn't give clear Lodger /Tenant rules. What form should I use to start any eviction after a 60 day notice if he doesn't respond? Is there a website to use to start these actions?

You have all been so gracious in your answers ! Thank you for your time!
 
I'm not sure about California but most states have an eviction form at the court. They make it much like small claims court because it is so common. Eviction of a roommate is no different than that of a regular tenant. Good Luck.
 
Depending on how long he has lived there a 30 or 60 day notice to vacate will do. Thsi is also dependen ton how he pays rent. Monthly, weekely or whatever. If not obeyed then you can file in court for eviction. Once more you may find a counter suit for the lost of cable since the rules do not state there will be lost of cable if "quiet time" is violated.
 
He never lost cable, because I told him a month ago when I stated I was moving the cable box in the next room - just about 6 feet away, but behind the next wall, which is the same living room, but just divided by a wall. He still watches tv in the other room with the girlfriend. If there is a counter-suit, I will make sure I bring pictures to show that he still has the options of watching tv on the other tv or he can put his tv into his room, or he can add his tv into the room where I placed the other box. He chooses not to watch tv so that he can say his rights were violated.
 
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