Legal Question in Landlord & Tenant Law in California

Non-payment of rent

I currently own a home and have decided to rent out two of the rooms. One roommate has worked out great however the other has continuelly used my food and made the rest of us feel uncomfortable. This is not a good living arrangement. We are young girls and he is an older man that listens to pornography loudly at night and will come home drunk and stumblin gover himself. I surved him with a 30 day eviction notice which specified the days that the utilities will be paid and the rent for this next month, I also specified how I will return his security deposit. Today was the day that he should have given my a payment and when I came home from work there was nothing. ( I work opposite hours as he, I never see him) I feel as though he trys to avoid contact and leaves before I wake up. What rights do I have to have him give me the rent and past due utilities that he owes me?


Asked on 8/02/03, 3:14 am

1 Answer from Attorneys

Dieter Zacher Law Offices of Dieter Zacher

Re: Non-payment of rent

Since you served him with 30 day notice and he is not an owner you can do three things. One, file an unlawful detainer to have the court order evictioon. Two, you can call the police and have him arrested for trespassing. This will not work if there is a rental agreement. Third, you can wait until he leaves, throw all of his stuff on the front yard and change the locks. If you do this, then, he might file against you for unlawful eviction. Good luck. Thanks for inquiring.

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Answered on 8/02/03, 5:24 pm


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