Legal Question in Real Estate Law in California

I have a renter with a disability living in my house. It has become a hellish situation, as he has us doing most of his driving to buy his food, sodas, and prescriptions, often having us pay without any guilt or consideration for our own tough financial situation. He lies constantly, and things like small bills, packs of cigarettes, and pills have gone missing, with only one suspect. So my question is: what is the procedure/precautions for evicting a disabled tenant? Also, how do I protect myself from a phony lawsuit from a "fall" or "injury" if he gets pissed off and vindictive? We really don't trust him, and don't know how far he'd go.


Asked on 2/20/10, 3:18 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First place, you should probably figure out whether this person fits the definition of a tenant or of a lodger. Generally, when a homeowner has a single paying roomer who may have his/her own bedroom but basically shares the rest of the house with the owner and the owner's family, the roomer is legally a "lodger" and not a "tenant," and hence does not have nearly as much protection against termination of the arrangement. There is no notice period and no need to go through a formal eviction process.

Second, it's been about ten years since I last researched the question as to whether disability entitles a tenant to any special treatment in terms of eviction processes. As I vaguely recall, courts have been somewhat reluctant to allow forfeiture of a lease for a short but cured default, such as late payment of rent, but otherwise there is no special treatment.

Phony lawsuits are a headache for which the best aspirin is good insurance coverage.

Your ZIP code suggests you may be in a rent-controlled area; I'd inquire locally if so; there could even be local ordinances giving non-tenant lodgers additional rights. You might also contact your county's adult welfare services agency to see whether they can give your roomer some relocation assistance.

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Answered on 2/25/10, 4:40 pm


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