Legal Question in Landlord & Tenant Law in California

A friend of mine moved into my condo with me 3 years ago. He had no income and I asked no rent nor was there any type of written lease. 2 years ago while I was in the hospital for 4 days following an appendectomy, he found a mailbox key and another key to another lock on the front door. He also printed his name on a card that my name was already printed on inside the mail box. He doesn't have a driver's license but has a California id card he renewed last year with my address to this same condo.

I have mentioned a few times recently his time living with me in my condo is due to end, and he should start looking for another place to live. He refuses and states he has legal right to be here since his id has this address as do letters he receives from the state and county.. I replied I'll give him a 30 day notice in writing, (which would be the 1st time anything was done between us in writing).. After the 30 days I'll have the locks changed. He said if I change the locks he has legal right to break in as his possessions will still be inside and he didn't agree to the notice. He has been violent and abusive when these discussions happen and things here (mostly mine), have been damaged or destroyed.. I could get a restraining order from verbal threats and physical. He once smashed a coffee mug on my head. I didn't go to ER but did wear a baseball cap to work. Co workers commented on it since I never wore a hat there before.

Any advise? Does he really have rights that he can break in here if I (after proper notice) change the locks? ..


Asked on 8/07/11, 8:57 am

1 Answer from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

You CANNOT, simply give him 30 days notice that you are going to change the locks, then do so. Your tenant (who is a tenant-at-will because you allowed him to live there) does have some right to possession. Because he has lived in your condo for more than one year (whether he has paid rent or not), you will have to give him a 60-day notice to vacate. If, after the expiration of that 60-day period he has not moved out, you will need to file a lawsuit called an unlawful detainer. That lawsuit will ask the court to issue an order directing the tenant to vacate the premises, and authorizing a sheriff to physically remove him. If you decide to simly lock the tenant out of the premises, you may be opening yourself up for a lawsuit against you.

If you have grounds to obtain a restraining order against the tenant, and you feel you are in danger of physical harm, you should immediately go to the closest courthouse and begin the process. If the court agrees that you are in imminent danger, the court will issue an order commanding the tenant to stay away from you and to be removed from the premises.

Before you do anything else, you would be will advised to seek the help of an attorney in your area that has experience in landlord tenant law, and who has experience filing unlawful detainers.

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Answered on 8/07/11, 11:38 am


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