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Room renter threatening me and accusing me of following her with my eyes...

Discussion in 'Other Residential Landlord & Tenant Issues' started by geoffois, Jun 21, 2021.

  1. geoffois

    geoffois Law Topic Starter New Member

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    In California it's a no fault eviction for a room rental but when I try to search for if I can evict before the moratorium I only see can't evict due to no payment of rent. Since it's no fault I don't need a reason anyways, but I do think she has mental problems which scares me. Can I give her a notice to vacate in 60 days starting now? She's been here over a year. Do I really need to have someone that I don't get along with live within my house for 60 days? She has access to my food, cat etc.. She hasn't been violent, just says strange things. She told me she thinks my eyes are following her as she walks around. I'm just trying to work staring at my laptop trying not to interact with her.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    You own the house?
    She is the only one who rents a room from you?

    If yes to both, start with the lodger statute 1946.5:

    Law section (ca.gov)

    Notice to be in writing.

    Then section 1946.1:

    Law section (ca.gov)

    Requires only 30 days written notice if she has lived there less than 1 year. 60 days if more than one year.

    If she remains beyond the notice period she is subject to removal per Penal Code section 602.3 and you don't have to evict through the courts:

    Law section (ca.gov)

    If you can't get the police to help you can basically put her out with her stuff.

    Read all sections carefully and follow the rules.
     
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  3. geoffois

    geoffois Law Topic Starter New Member

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    Sorry I should have said she is one of two room rentals and longer than a year, but I do own the house and live in it. In CA I was thinking I had to wait till after June so waited too long and how it's been just over a year. So sounds like I need to give 60 day notice. Since it's 2 room rentals then does that mean if she didn't leave I'd have to go through the courts? Is it the same long process as if it's a separate house rental? Maybe she would live but I worry if she really does have mental issues. I've realized she has zero friends after 10 years in the country which isn't a good sign.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    Yes. The lodger law applies strictly to a single lodger. Having 2 renters puts you back to regular landlord-tenant rules and requires eviction through the courts.

    Yes.

    Long or short, it's the same process.

    Does she like money? Give her the proper notice then consider offering her cash to leave sooner.

    Maybe you need to rethink the idea of renting out part of your house to others. These arrangements can often become nightmares.
     
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  5. geoffois

    geoffois Law Topic Starter New Member

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    I agree, I actually told her nicely I don't plan on renting rooms out by the end of summer and she seemed fine. She is probably bipolar and just had a swing. Sometimes she is friendly and sometimes seems like a stranger. I wouldn't care if I didn't have my little kitty cat. I lock up all my guns and ammo. I don't even see the other girl but once a month it seems like. She's super nice and likes to keep to herself and loves my little kitty. In 20 years I was bound to get someone funky. Thanks for your help. I downloaded an eviction notice. I kept finding 3 day notices to pay or quit till I found a basic eviction notice.
     
  6. zddoodah

    zddoodah Well-Known Member

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    It's worth pointing out that there is no "moratorium" on evictions except for evictions based on failure to pay rent resulting from COVID-related hardship.
     
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  7. Zigner

    Zigner Well-Known Member

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    You shouldn't be looking for an "eviction notice" - you need to be looking for a "termination of tenancy" notice. And make sure you give *at least* 60 days. Don't count the day that you serve it either.
     
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  8. geoffois

    geoffois Law Topic Starter New Member

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    Thank you, that's the mistake I made was thinking there was a moratorium on all evictions. I would have given a 30 day back in March or something. Thank you I'll search for the termination of tenancy.


    Edit: found a nicer one that gives areas to state rents due in the future and prorated rent so no confusion. It does have a line asking for reason which I would think not to fill out or to state something like "no reason needed due to being a no fault eviction, CA Civ Code 1946.2" or "Does not apply to this type of residential real property or residential circumstances CA Civ Code 1946.2"
     
    Last edited: Jun 21, 2021
  9. Zigner

    Zigner Well-Known Member

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    I'm not sure what forms you are looking at, nor do I really care. A notice of termination of tenancy doesn't have to be fancy, and the fancier you get without knowing what you are doing, the more likely you are to make some sort of unintentional gaffe that will hinder your efforts. Keep in mind that this is NOT an "eviction". Any form that mentions this being an "eviction" is, at best, premature. You are simply terminating her tenancy. You will be required to have "just cause", however, and this will need to be stated in the notice.
     
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  10. geoffois

    geoffois Law Topic Starter New Member

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    It's not fancy, it just has a couple more fields so the tenant isn't confused as to what to do. At least that's what it looks like to me but I understand what you're saying. I did see many "fancy" ones that I didn't download. They listed lots of things that didn't apply with boxes to check etc.. In CA if you have a room rental the law specifically states if you rent 2 rooms and the landlord lives in the property and shares a bathroom or restroom that this is exempt from the "just cause" reason to terminate a tenancy. I was thinking that meant to reason needs to be specified but sounds like "just cause" and "reason" are 2 different things. "irreconcilable differences" could that be a reason? Below is the part of the law that exempts me from part of the law. I was thinking that was the "just cause" part also. Thanks for your help. I know I keep not understanding it exactly as I should.

    Edit: had to edit since I wasn't allowed to exceed more than 5 posts in 24 hours.
    That's sound advice thank you. Not that you need to read anything below but this was what I was reading in case anyone else was wondering. Thanks again


    (2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

    (3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

    (B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.

    (C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.

    (4) An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.

    (e) This section shall not apply to the following types of residential real properties or residential circumstances:

    (1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.

    (2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

    (3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

    (4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.

    (5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
     
    Last edited: Jun 21, 2021
  11. Zigner

    Zigner Well-Known Member

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    It might be worth it for you to consult with a local attorney.
     
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  12. adjusterjack

    adjusterjack Super Moderator

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    No. The Rent Cap and Tenant Protection Law that went into effect in 2019 exempts geoffois from having to state cause.

    4 and 5 highlighted above are correct.

    That's because you are overthinking it. When I had my rentals my lease was one page in large print and my notices weren't usually more than one sentence.
     
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  13. geoffois

    geoffois Law Topic Starter New Member

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    Thank you adjusterja. I always overthink things =/. As a result I waited. I think she'll just leave. I've just never had the need to do this before. Thanks Zigner
     
  14. geoffois

    geoffois Law Topic Starter New Member

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    I'm going to give notice and was planning on waiting to collect rent on the 1st. Not because of the rent but just to make sure it can't be viewed as doing it for lack of paying rent. Does that sound right or since it is a room for rent it doesn't matter? I realize I don't need a reason but if a tenant were to say they can't pay rent suddenly on July 1st after I give notice on June 30th would that give them some protection? CA just increased the moratorium to the end of Sept.. I'm sure I'm overthinking it again
     
  15. geoffois

    geoffois Law Topic Starter New Member

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    I think I have a bipolar, possibly paranoid, and who knows what other mental issues she might have living in my house. I'm a male landlord who lives in a townhouse. Upstairs are 2 rooms and a bathroom. Both of the occupants are female. One is really nice, keeps to herself and has been here a long time. The other girl has started saying odd things like she feels my eyes are following her and looking at her body. She did it again for the third time today which feels like harassment since I'm just trying to watch tv or use my laptop and not even looking in her direction. I've given her a 60 day notice and she asked if she can stay longer and like a dumb nice guy I said yes and gave her a new 60 day notice till Oct 1. Is there something I can do to legally have her vacate sooner if she is harassing me? I had to let her know that is it crazy for her to be thinking my eyes are following her and she seemed not phased at all. You'd think a person would be angry but I'm wondering if she is a sociopath. I understand if there is nothing I can do and just wait for the 60 day notice to run it's course. She said she will tell me if she feels my eyes are following her or if I look at her. That sounds like harassment to me since I'm trying to mind my own business. In CA we're not allowed to record without both parties consent. Can I disclose that I will record our conversation should she try to bother me again? Do I need consent or can I just give her the knowledge I am recording?
     
  16. justblue

    justblue Well-Known Member

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    Unless you have a Doctorate in Psychology you should refrain from Dx'ing your roommate.

    Ride out the notice and try to avoid interaction with her. You would have to disclose you are recording her each and every time you do so.
     
  17. geoffois

    geoffois Law Topic Starter New Member

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    Thank you, it was more for a description of her behavior as a reference than to attempt a professional diagnosis. That's what I figured. Unless she attacked me or something I'll just continue to keep to myself. In this day and age a female can probably harass me in my home and unless I record it which isn't legal I would have no proof. Hopefully she just let's me work and watch tv in peace. I email myself these strange encounters with her as a way to document things in case I need to refer back to them. Thanks

    Do you know if a room renter is legally allowed to place a refrigerator in their room if I've explicitly said I do not allow it? That was the trigger for this last conversation we had. A couple days ago she said if she is bothering me too much by talking to me that she can get a fridge. This didn't make sense to me then but when a fridge was delivered I happen to be home and figured she was going to use it at her next home. She emptied the fridge in the kitchen and all her cupboards and even the clothing soap in the garage so I assumed she was moving. I told her "no" and then she started saying the bizarre stuff about my eyes following her and me looking at her body. I told her to call the police and that seemed to scare/startle her. I just want to make sure I can say no appliances like cook tops, fridges, things like that.
     
  18. adjusterjack

    adjusterjack Super Moderator

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    I'm guessing you don't have a written rental agreement addressing the rules of the house regarding what a tenant can or cannot do.

    Unless there is a code violation you can't prevent her from having a fridge in her room any more than you can prevent her from having a TV or a dildo in her room.

    A cooktop, maybe that's a code violation in a bedroom. You can check. But if she doesn't have one, I wouldn't mention it or she might just get one to spite you.

    Besides, anything like that you first have to give written notice to correct before you can evict for a violation.

    You're just going to have to stick this out as best you can until she's out and hope things don't get worse.

    It's beyond me why people rent out part of their homes to strangers and then whine when something goes wrong.
     
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  19. geoffois

    geoffois Law Topic Starter New Member

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    I can't comment on why things are beyond you. I would assume the entire share economy is simply economical then things like that start making sense. I guess out of 100 people I'm bound to get one nut just based on odds. That's why I'm asking what can be done vs just whining about it to a passerby. It is what it is so I can stick it out. Nothing is the end of the world. It's just irritating. Thanks again

    Edit: That wasn't a totally accurate way to state it for me. Most it's probably transactional, but everyone that I've gotten to know that has lived with me has become a friend and most have been from other countries or moved to other countries since I'm across the street from Caltech. So I wouldn't trade not knowing them, and the added savings is nice but not needed. I did decide not to do that anymore a few months ago and told her and she was very pleasant about it and agreed. The last tenant happen to be a little strange so again I accept that.
     
  20. army judge

    army judge Super Moderator

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    Jackballs, kooks, klowns, sociopaths, and deviates abound among the population.

    My home is my safe space.

    I was only willing to share it with my spouse, my minor children, and my minor grandchildren.

    My wife and I enjoy the comfort and safety of our home.

    We don't allow ANYONE to overnight at our home.

    We don't overnight at the home of any of our relatives.

    We enjoy staying at hotels, allowing us to control when we sleep, eat, exercise, and get to stirring.

    Different strokes for different folks.

    However, it isn't hard to predict what evils one might encounter if you rent rooms in your castle to others.

    If the reward outweighs the risk, your choice, your call.

    To each his or her own life potion or poison.
     

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