Legal Question in Landlord & Tenant Law in California
I rented a room in my house for $500 per month to 1 person.
On Aug 1st she moved her husband in and paid me an extra $100
On Sep 1st she gave me a 30day notice to move out at the end of Sep, paid only $400 rent, said she had no extra money, refused to pay additional $100 for her husband "because he is her guest, and will leave by Sep 5th.
Today her husband is still in my house.
If I serve a 3-day notice to pay or quit:
1) will it be served for $100 remaining rent of $500, or the$200 to include her husband's stay?
2) can I lock them out of my house on Oct 1st?
1 Answer from Attorneys
Your post is ambiguous as to whether the woman is still in the house. If she is, you can argue that you have orally modified the agreement such that, as long as her husband is there, it's an extra $100. Then a 3-day notice to pay or quit should work. Or, you can serve a 3-day notice to abate and quit, that she has to make the husband leave since the rental was for 1 person. You would have to make a choice.
If the woman has left the husband behind in your house and she's gone, then you might just have to serve the husband with a 30-day notice to quit
Of course, once any of those periods lapse without any performance, then you'd have to follow up with filing an unlawful detainer (eviction) lawsuit in the court that covers the area in which your house is situated.
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