Legal Question in Landlord & Tenant Law in California

We have requested a Domestic Violence Restraining order against our roommate/tenant and were going to use the police to enforce the move out order. She has not returned to the house since 4/2/13. Her cell phone is disconnected and no one knows where she is. She signed a 30 day notice that said she was supposed to pay us $231 on 4/4 and be out of the house by 4/14. Is there a way to get the RO into effect if she cannot be found? Also, what can we do with her stuff? He ex-husband has offered to store it in his house. Can we give it to him without being legally responsible for it?


Asked on 4/04/13, 10:37 am

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

Technically, you may need to try to give the missing roommate a 3-day pay or quit notice if she does not pay you on 4/4/2013 as had been agreed. With respect to her belongings, review California Civil Code Sec. 1981 which states the rules for handling abandoned property. I would not recommend turning the roommate's personal property over to the ex-husband until the notice period had run for declaring the property abandoned.

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Answered on 4/04/13, 2:49 pm


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