How Do I Get Rid of This Roommate?

[tommiller1]

What is the name of your state? CA

I want to ask one of my roommates to move out of my single-family home in unincorporated LA County (not LA City) because, among other reasons, he frequently has DIFFERENT overnight guests, sometimes two or three times a week. (I have suspicions about the nature of this continuous parade of people, but I have zero proof.) My other two roommates and I are nearing 70, and one of them is a woman, while he is in his 40s. We don’t feel safe with the constant flow of unfamiliar people staying over.

Since this is a single-family home, I believe I have the right to ask him to move with proper notice. However, I’m unsure if there’s a legal distinction between having roommates and renting individual rooms. I recall reading that single-family homes with three or more rented rooms may be subject to rent control, similar to apartment buildings.

Additionally, the roommate insists that there’s no law limiting the number of overnight guests he can have.

 

[Zigner]

What is the name of your state? CA

I want to ask one of my roommates to move out of my single-family home in unincorporated LA County (not LA City) because, among other reasons, he frequently has DIFFERENT overnight guests, sometimes two or three times a week. (I have suspicions about the nature of this continuous parade of people, but I have zero proof.) My other two roommates and I are nearing 70, and one of them is a woman, while he is in his 40s. We don’t feel safe with the constant flow of unfamiliar people staying over.

Since this is a single-family home, I believe I have the right to ask him to move with proper notice. However, I’m unsure if there’s a legal distinction between having roommates and renting individual rooms. I recall reading that single-family homes with three or more rented rooms may be subject to rent control, similar to apartment buildings.

Additionally, the roommate insists that there’s no law limiting the number of overnight guests he can have.

Let me start with your last statement: Your roommate is correct. There is no law about this, so what would be controlling is the contract you have with him. I suspect your contract is unwritten, which will make it much harder to contend that he can't have guests over.

With that said, you haven't given enough information for us to make any determination about your situation. Is the house rented? If so, who is the primary tenant, or are all of you listed on the lease? If not, then who owns the house? What is the arrangement between the roommates?

 

[tommiller1]

I bought the house in 1978 and I live in it. One roommate (female) has been here 46 years since I bought the house. A second (male) has been here 21 years since 2003. We are all friends period, and don't go into each other's rooms.

There is a very small 9x12 fourth bedroom has been occupied over the years by people who spend most of their time elsewhere and just need a place to sleep. Indeed, when it becomes vacant, I advertise it as a “sleeping room.” It has been occupied by students and people who live outside Los Angeles, but need to stay in the city from time to time.

In June 2023, I rented the sleeping room to a guy who is a flight attendant who said that he would only be in residence sporadically because of his flight schedule. That seemed like a perfect fit. But there were warning signs that that I ignored. First, he asked to store items in the adjacent library/guest room since he was moving from an apartment. Second, he asked if he could mount a TV on the wall in his room. These two issues indicate a person who needs a typical apartment rather than just a sleeping room. Indeed, shoes, small suitcases, and other (admittedly) small items now pile up outside his door in the adjacent library/guest room. Before he moved in, we discussed house rules including no pets, no smoking, but I said it was okay to have guests over occasionally. However, his "occasionally" means different, often non-repeating people 2 or 3 times a week. Additionally, he hurt his arm, couldn’t work, and had a relative stay in the guest room for a month in addition to the parade of people.

Although he has been late on the rent and is late as I write this, that isn’t the issue. Plus, I assume that if I give him a 3-Day Notice, he'll just somehow manage to pay, and them if in the future I try to get him out, it might be seen as harassment.

The central problem is that he isn’t the “sleeping room” tenant I expected. He is here more often, he has more guests than I expected and his possessions spill out into the adjacent room. My female roommate says she is scared when he leaves her room and is confronted by strangers. When I speak to him about these matters, he calls them minor saying that if he has too many guests, I should have indicated the maximum number of guests in the agreement. He says that the person who stayed a month was a relative and that he was hurt. When he is late on the rent he explains why he is late as if the makes the lateness unimportant. Several week ago, I brought up all these matters, and suggested that his tenancy isn’t a fit, that I wasn't kicking him out, but that he should trying to find a more suitable place by the end of the year. He balked at that and suggested that if I wanted him out that I would need to follow proper eviction procedures.

I want to him to move, and don't have a problem following whatever procedures are necessary, but I need to do it right. I feel that he won't go quietly. I had always thought that the rules for people renting space in privates homes were different. But maybe not.

 

[Zigner]

He is your tenant and you will need to follow the applicable laws.
Generally, you can terminate the tenancy without cause with a (minimum) 60-day notice.

 

[adjusterjack]

I want to him to move

He is a tenant subject to the CA landlord tenant laws.

Codes Display Text (ca.gov)

Since he has lived there more than 1 year you have to give 60 days notice.

Make it written notice with witnesses to its delivery.

Or, you can utilize the "cash for keys" method. In other words pay him to leave sooner.

If he accepts, make a written agreement that neither of you have any further obligation to each other.

And don't hand over any money until he and his possessions are out the door and the keys are in your hand.

You should have written agreements with future transient tenants.

 

[Zigner]

You should have written agreements with future transient tenants.

I agree, except I wouldn't call this one a "transient tenant"

 

[zddoodah]

I want to ask one of my roommates to move out of my single-family home in unincorporated LA County

I bought the house in 1978 and I live in it. One roommate (female) has been here 46 years since I bought the house. A second (male) has been here 21 years since 2003.

In June 2023, I rented the sleeping room to a guy who is a flight attendant who said that he would only be in residence sporadically because of his flight schedule.

OK...so this person is your tenant, not just your roommate. And you're looking to evict the flight attendant. Right?

I believe I have the right to ask him to move with proper notice.

Everyone has the right to ask anything of anyone at any time.

Additionally, the roommate insists that there’s no law limiting the number of overnight guests he can have.

He's right.

Since you didn't mention a written lease, I assume you don't have one. However, if that's not correct, please advise if the lease is for a particular term (and, if so, when the end of that term is) or if it's a month-to-month lease.

Assuming you're on a month-to-month arrangement (either because you have no written lease, because your lease term has expired and the lease automatically converted to month-to-month, or because it was a month-to-month lease to begin with), you are free to evict your tenant at any time without cause. The process starts by giving a 60-day notice of termination of tenancy (if he's behind on rent, you can also serve a 3-day notice to pay or quit and take advantage of the reduced time if he doesn't come current. Either way, and especially since he's living with you in your home, I strongly encourage you to engage the services of a local landlord-tenant attorney. California law is very tenant-friendly, and screwing things up can cost you a lot in terms of time and money.

Or, you can utilize the "cash for keys" method. In other words pay him to leave sooner.

If he accepts, make a written agreement that neither of you have any further obligation to each other.

And don't hand over any money until he and his possessions are out the door and the keys are in your hand.

I concur, big time.

 

[adjusterjack]

I agree, except I wouldn't call this one a "transient tenant"

Compared to the two friends who have been there for decades. (Back atcha)

 

[tommiller1]

Okay. Got it. Thanks.

Is the living situation I described subject to the AB 1482 requirement that I either indicate “just cause” in the 60-Day Notice or provide him with cash relocation assistance? I’m hoping that single-family homes with me and three roommates aren’t subject to AB 1482, allowing this to be a no-fault eviction. That would sidestep the possibility of one court determining that hosting different, often non-repeating people 2 or 3 times a week in a sleeping room is reasonable and that my female roommate needs to get over her fear, while a different court might take an opposing view.

 

[tommiller1]

Since you didn't mention a written lease, I assume you don't have one. However, if that's not correct, please advise if the lease is for a particular term (and, if so, when the end of that term is) or if it's a month-to-month lease.

I'm sure everyone is going to hit me on the head with a hammer, but I didn't go back and look at the written month-to-month agreement since I knew that it didn't specify the number of guests a person could have. But I did just now and copied the portions that could be relevant in this situation.

* * * * *​

5. The Premises shall be occupied solely by Rentee and used as a private dwelling and no part of the Premises shall be used at any time for the purpose of carrying on any business or trade, except for information-based businesses that require no physical inventory and do not result in substantial increased traffic to the premises. Rentee shall not allow any other person, other than transient relatives or friends who are guests of Rentee, to use or occupy the Premises as a roommate without first obtaining Rentor's consent to such use.

6. Rentee shall not sublet the Premises without the prior written consent of Rentor.

8. (k) Not store personal items in areas outside Rentee’s room;

8. (i) Maintain order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents;

10. This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just-cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d) (5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.

 

[zddoodah]

Is the living situation I described subject to the AB 1482 requirement that I either indicate “just cause” in the 60-Day Notice or provide him with cash relocation assistance?

In the State of California's seemingly never-ending quest to enact more legislation than any other state, AB 1482 was a piece of legislation. It was enacted and codified as section 1946.2 of the Civil Code. Subsection (e) sets forth several "types of residential real properties or residential circumstances" to which section 1946.2 does not apply, including "(5) Single-family owner-occupied residences."

I didn't go back and look at the written month-to-month agreement since I knew that it didn't specify the number of guests a person could have. But I did just now and copied the portions that could be relevant in this situation.

You posted this as a response to questions I asked, but you didn't answer my questions: Is "the lease . . . for a particular term (and, if so, when [is] the end of that term . . .) or [is it] a month-to-month lease"?

 

[tommiller1]

You posted this as a response to questions I asked, but you didn't answer my questions: Is "the lease . . . for a particular term (and, if so, when [is] the end of that term . . .) or [is it] a month-to-month lease"?

Month-to-month. No end date.

 

[LdiJ]

Month-to-month. No end date.

Then you really do just need to give him 60 days notice to move out. You don't have to give him a reason. However, if he does not move out when the 60 day period ends, then you will have to file in court to evict him. However, at that point your reason for eviction will be that you gave him a 60 day notice and he did not move out. You won't need any other reason.

 

[tommiller1]

Then you really do just need to give him 60 days notice to move out. You don't have to give him a reason. However, if he does not move out when the 60 day period ends, then you will have to file in court to evict him. However, at that point your reason for eviction will be that you gave him a 60 day notice and he did not move out. You won't need any other reason.

Although what you wrote seems fair and just to me, what I thought I had read somewhere appears to be the case. Since this guy is the third roommate and moved in June 1, 2023, apparently all single family house exemptions are off and his sleeping room has all the protections of AB 1482 allowing him to act in a private home as if he was occupying a separate apartment. My bad for not taking action on his bad behavior earlier. I hope I'm wrong, of course, but.........

Calif. CC, Chapter 2, 1946.2

(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

(e) This section shall not apply to the following types of residential real properties or residential circumstances:

(5) Single-family owner-occupied residences, including both of the following:

(A) A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

 

[LdiJ]

Although what you wrote seems fair and just to me, what I thought I had read somewhere appears to be the case. Since this guy is the third roommate and moved in June 1, 2023, apparently all single family house exemptions are off and his sleeping room has all the protections of AB 1482 allowing him to act in a private home as if he was occupying a separate apartment. My bad for not taking action on his bad behavior earlier. I hope I'm wrong, of course, but.........

Calif. CC, Chapter 2, 1946.2

(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

(e) This section shall not apply to the following types of residential real properties or residential circumstances:

(5) Single-family owner-occupied residences, including both of the following:

(A) A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

I really don't think that applies to you but it would be in your best interest to get a consult with a local attorney who specializes in rental real estate. I think that you are overcomplicating the matter.