Legal Question in Landlord & Tenant Law in California

I rented a room in my house. The tenant gave 30 days notice on 3/14. Her last day is to be 4/14 and partial rent due on 4/4. Today, 3/26, she asked withdraw her 30 day notice. I denied that request because she has not been a good tenant the last two months. Is there something I can do if she does not pay the rent, or move out by the 14th? Since she signed a formal agreement to end our lease, can I put her stuff on the curb?


Asked on 3/26/13, 10:39 pm

1 Answer from Attorneys

If you only have one lodger, and she is a true lodger, with shared house privileges, not living in a separate "in-law unit" or other separate housing unit, she becomes a trespasser at the end of the notice period. You do not have to go through an unlawful detainer or any other additional proceedings before you have the right to lock her out and/or have her removed from the premises. You do have a duty to take reasonable steps to preserve her personal effects and get them to her or let her remove them.

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Answered on 3/27/13, 10:07 am


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