Legal Question in Landlord & Tenant Law in California

I am renting a room in my home, the tenant has not paid, put a lock on his door and has been served a 3 day pay or quit, the three days are up. Am I legally able to open his door. There is no key available and what is the procedure? Please advise. We have a month to month legal binding contract, the deposit is 300.00 and he is demanding it now. Per the contract it states within 21 days. He has keys and parking permit. Thank you


Asked on 4/19/10, 3:59 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

You can not open the door; slince you rented the room to him, you must follow through with the eviction process, obtain a judgment for possession of the room and the breach of the contract. Point out to him that it will go onto his credlit record; offer to pay him to leave since that is much faster and cheaper in the long run then using the unlawful detainer laws. You are correct that you do not have to return any of the deposit until 21 days after he had left the unit

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Answered on 4/24/10, 10:22 pm


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