Legal Question in Real Estate Law in California
a guy rented a room from me, he's now proved to be a drunk, brought pot into the house, was last month, so I tried to get rid of him, then he, in a drunken stuper screamed "loren your going to die tonight" I called the cops who did nothing. He was late then paid -dribbled in but still only paid till end of the month, he has no lease, no reciepts no real proof he's given me anything. but now says he's a squatter and staying/&/or I owe him another 30 days. How do i get this guy out as a middle age woman, I am afraid of him
2 Answers from Attorneys
You get him out the same way as any other landlord; by serving appropriate notice and filing an eviction lawsuit as necessary. You may also seek a restraining order if there is legitimate threat of 'breach of peace' or safety issues. Be prepared to call the police again if necessary, and be prepared to protect yourself from harm. Consult with local experienced eviction counsel to do this right the first try.
It sounds as though this guy is a lodger. A lodger is a person who rents a room from the owner of a dwelling, such as a house, an apartment, or a condominium. The owner retains control and possession over the entire premises.
To evict a lodger, you must give proper notice. If it is a month to month tenancy, meaning one month passes between the time periods that you collect rent, then you need to serve him with a 30 day notice. Once the thirty days has expired, the lodger can be removed pursuant to Penal Code section 602.3.
You should seek the help of an attorney near you who is familiar with this kind of law.
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