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crazy tenant, won't leave, please help me!

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sparklygirl

Junior Member
What is the name of your state? California

I have a tenant who's been renting a room in my house for about six months. She gave me verbal 60-day notice back on January 3rd, while screaming at me, saying that she's buying a place that was supposed to be ready March 1st, so I could start looking for a roommate. Now I've found one, and printed out a written notice form for her, after getting a note from her telling me she'd "sign it whenever I had it ready", and she tells me that the contractors are running behind and she doesn't think she'll be able to leave until the end of March.

I've already rented her room, and signed an agreement with the new tenant. Is her verbal notice binding at all? she's also flaked out on paying the bills this last month, and let the cable lapse for several months, which is in her name, so can I potentially evict her nutty self for breach of verbal contract in the bill paying? cause I live in oakland, and I'm pretty sure we passed a proposition that protects her ass.

she's crazy. and she's not hot. so don't ask. :)
 


king sol

Member
To evict somebody you have to follow the law. A 60 day written notice and if the tenent refuses to move following the 60 days, you must go to court.

Verbal agreements are risky, give your roommate a confirmation of notice to move.
 

FarmerJ

Senior Member
Carefully review your state laws for landlord and tenant in your state govt web page links and learn if you have to give 60 days or 30 and do it in writting . oral notices are worthless and you should have never signed lease with new tenant promising a vacant space when you cannot deliver . you need to refund the money to that person and start your states eviction process and then get her out . the court wont care if the builder is behind or not by the time it gets that far .
 
C

CAWI

Guest
Does she pay the rent to you?

If she is renting a room in your home then you are allowed to call the police to remove her as soon as notice expires and you don't have to go through the court eviction process. This only works to protect people who are not 'small business' landlords and are in fact just renting out a room in their home. Check with a landlord tenant association such as the California Landlord association for details.
 

HomeGuru

Senior Member
CAWI said:
If she is renting a room in your home then you are allowed to call the police to remove her as soon as notice expires and you don't have to go through the court eviction process. This only works to protect people who are not 'small business' landlords and are in fact just renting out a room in their home.

**A: this a load of crap. Do you even know what the CA Civil Codes are?
What an ignorant idiotic response. Have you ever read the CA L/T law?
Please post the cite backing up your "call the police, no court eviction process" scenario.
 

Who's Liable?

Senior Member
sparklygirl said:
What is the name of your state? California

I have a tenant who's been renting a room in my house for about six months. She gave me verbal 60-day notice back on January 3rd, while screaming at me, saying that she's buying a place that was supposed to be ready March 1st, so I could start looking for a roommate. Now I've found one, and printed out a written notice form for her, after getting a note from her telling me she'd "sign it whenever I had it ready", and she tells me that the contractors are running behind and she doesn't think she'll be able to leave until the end of March.

I've already rented her room, and signed an agreement with the new tenant. Is her verbal notice binding at all? she's also flaked out on paying the bills this last month, and let the cable lapse for several months, which is in her name, so can I potentially evict her nutty self for breach of verbal contract in the bill paying? cause I live in oakland, and I'm pretty sure we passed a proposition that protects her ass.

she's crazy. and she's not hot. so don't ask. :)

Are you sure about that last part? Because being crazy AND hot make for a tantilizing brew...
 
C

CAWI

Guest
You may call it what you want

I am a member of the California Landlord Association and they give us a monthly publication and maintain a website letting us know what current law and current court decisions are in California. This is listed on the website in answer to a question from homeowner who rented a room. A boarder is not treated the same as a person who rents an entire house. For instance, if you are renting out a room in your home, you are allowed to have a gender preference if you are sharing living space where you are not allowed to specify gender if you are renting a whole house or apartment you do not live in to someone. Be careful about applying landlord tenant law to roomers or boarders.
 
C

CAWI

Guest
Web page citation for the doubter

Single Boarder Exception to Eviction Laws

A special rule applies where a homeowner rents out a room in their own home to a single lodger. If the landlord wants to evict that lodger, he only has to give the 30-day notice and then call the police after the 30 days expires. The police can remove the lodger, without going through the eviction process described above.

Taken from www.caltenantlaw.com/Eviction.htm

Read and weep if you are a nasty boarder.
 

HomeGuru

Senior Member
CAWI said:
I am a member of the California Landlord Association and they give us a monthly publication and maintain a website letting us know what current law and current court decisions are in California. This is listed on the website in answer to a question from homeowner who rented a room. A boarder is not treated the same as a person who rents an entire house. For instance, if you are renting out a room in your home, you are allowed to have a gender preference if you are sharing living space where you are not allowed to specify gender if you are renting a whole house or apartment you do not live in to someone. Be careful about applying landlord tenant law to roomers or boarders.

**A: HUH? I don't care if you are the President of the CA Landlord Association, the Governor or CA or even the President of the US. Your responses are incorrect and full of crap. Did you not read the post by the writer? The first sentence states the words tenant and renting a room for 6 months.
 

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