Legal Question in Landlord & Tenant Law in California

I own my home and have decided to rent out a few of my rooms. I am conserned that if I decide to evict one of them thay might try to stay ussing squatters rights. I'm located in Riverside county, California and I am trying to find out what my rights are as a rentor and what there rights are as a rentee. Wat do I need to do to protect myself if they dont pay or simply wont leave?


Asked on 9/24/09, 2:21 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Before you embark on what is often a big headache, but does bring in money, read the Nolo Press books [cost about $25-35 from Nolo but available at most public librarys] to get an idea as to what the requirements are, the dangers, precautions you should take, correct terminology [landlord not rentor, renter and not rentee].

There is no legal concept of squatters rights; a squatter is a trespasser who is illegally on the property. The only right they might have is as creating an easement, which can not occur inside a building. You probably will have to register wtih the City and pay a business tax; check if there is rent control as that makes it a whole new ball game. Spend the several hours it will take to review all the landlord-tenant questions and responses on this and other sites. Go to a meeting of landlords and ask questions.

If you are renting out more than one room or to more than one tenant, if they fail to pay rent you need to give a three day and thirty day notice, get a court judgment, have the sheriff move them out. If the tenant is clever or has gone to a legal center that helps tenants, it can easily take 3 months to get the tenant out, but since they are normally judgment proof you have to spend $400-500 in costs [not counting any attorney fees; normally it is best to have a good, experienced attorney do the first eviction so that you can see how it is done] to get no further rent [but can use what remains of the security deposit] but just the tenant out.

Read more
Answered on 9/24/09, 2:45 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California