desperate to remove roomate - no signed contract

[kat30s]

I live in California

My husband and I have a month to month lease with our lanlord. We have a roomate who is not on this lease, and does not have a written agreement with us or the lanlord. We are having serious problems with him and his behaviors and lifestyle, mainly consorting with minors. He has paid his rent to us without a problem. I spoke to the fair housing legal people and they said I had to serve him with a 30 day notice and if he didn't leave then proceed with further action that could take up to 6 months. My lanlord says because there is no signed agreement, he has no legal right to be here, and we could change the locks and put his stuff out on the lawn, or have him forcibly removed. The Sherriff's Dept really isn't quite sure what to do. I am afraid of this man - not by anything he has directly said, but by what he has indirectly said, which gives me no legal leg to stand on there. Help please - we cannot continue to live this way! Thanks in advance

 

[FarmerJ]

First If he had been paying you his portion of the rent YOU are his LL now and must give him 30 days written notice sent out where you have some sort of rcpt to prove you have sent it . If you change the locks you risk being taken to court for Illegal lockout . Next time the chickenhawk brings some chicken home call your sheriff or locaL PD

 

[kat30s]

Thanks

Thanks - that is pretty much what I thought, and have already served a 30 day notice with proof of service in person and by mail, and my Landlord has a copy as well. And believe me - if dude even thinks about having any other little chickies around, he will be in jail that second! Thanks again.

 

[JETX]

Was that 'chickie' remark a 'fowl' comment??
Your post makes no mention at all of this person having chicks, hens OR roosters.

 

[blau]

There is a provision in the california law?

This is based on memory. But I remember reading a provision in california law that said you can evict a roomate just by calling the police. There are some restrictions like you cannot have more that one roomate ect. And most police stations are not aware of it and most of them will not follow it because they are afraid of law suits. Buy it is there I remember reading about it in severial places.

blau

 

[JETX]

So, then call the police. They will likely tell you it is a civil matter.... meaning eviction proceedings.

 

[blau]

that may be ture. But....

But if you could point out the statute. What I would do is find the statue. Call the police or go to the police department before hand show them the statute. If they will not physically get them out, perhaps you could have them talk to the roomate and persuade the roomate to leave in a reasonable time.

Or you could always get private security. If you are sure the statute applies to you.

blau

 

[HomeGuru]

Re: There is a provision in the california law?

This is based on memory. But I remember reading a provision in california law that said you can evict a roomate just by calling the police. There are some restrictions like you cannot have more that one roomate ect. And most police stations are not aware of it and most of them will not follow it because they are afraid of law suits. Buy it is there I remember reading about it in severial places.

blau

**A: there is no such law.

 

[JETX]

Blau:
There is no statute allowing a landlord or sub-lessor to terminate a tenant by calling the police.

Once the individual has established tenancy (as in this case) they have all the rights as a 'normal' tenant. That means, notice to vacate and eviction if needed.

 

[HomeGuru]

Was that 'chickie' remark a 'fowl' comment??
Your post makes no mention at all of this person having chicks, hens OR roosters.

**A: no, but the writer's landlord is a turkey. For giving advice that is contrary to L/T law.

 

[kat30s]

Thanks all for your info - through lots of research I found I did the correct thing by giving him the 30 day notice. I found that According to California law, he is entitled to the 30 days. Anyone living as a roomate irregardless of a signed contract, if it has been more than a month, but less than 1 year, he gets the 30 day notice. After a year, it is 60 days. Also, he would be liable for triple the amount rent due, plus triple prorated amount for every day after the 30 he insists on staying. I informed him of this, and he very quickly got his things and left!!!!!!

Thanks again for your info and help!

 

[blau]

Is that right. Where do it say that you get triple the amount.

kat30s,

Is that right you could get triple the amount if after the 30days notice they decide to stay. If so where did you find the information. I like to know so I can use it in the future.

thanks,

ben

 

[kat30s]

I got a lot of the information from the California Fair Housing Division, through their legal dept, as well as online through a few different sites. Sorry I did not record them. However, the statute is actually printed on the 30 day notice to quit. It states that rent is due and payable for the duration of the 30 day notice, and that the tenent would be liable for treble the amount of any rent due, plus for everyday after the 30 days they stay. I left my copies at work, so I don't have that with me either, again, sorry. It's Friday and I got to get off early; allI wanted to do was go home! If you live in California, you can go to any Staples or Office Depot, or most stationary stores, and purchase the notices for about $2.00 a piece.