Tenant arrested & in jail - giving 30

[kimmber27]

What is the name of your state (only U.S. law)? California

I have 2 tenants, a couple, that rent a room in my house. Last week one of them was arrested at my home for burglary and check fraud and is in jail awaiting her court date. The other one decided to be stupid and touch/push another tenant in the house. She did not press charges but I gave her a 30 day notice. She told me she would have "their" belongings out within the 30 days. Since they are both on the lease I need to send a 30 day notice to the one in jail.

Are there any special rules regarding giving notice to someone in jail?

 

[Who's Liable?]

You send it to their last known address. Additionally what grounds are you evicting the remaining tenant on? You have not provided a valid legal reason to do so.

 

[LdiJ]

You send it to their last known address. Additionally what grounds are you evicting the remaining tenant on? You have not provided a valid legal reason to do so.

Is this response because you don't think that they are month to month tenants? Or is this response because month to month tenants in CA require more than 30 days notice?

 

[Who's Liable?]

Neither. Its a response to providing a notice to vacate for pushing someone. That is not a valid reason to evict.

 

[Zigner]

Neither. Its a response to providing a notice to vacate for pushing someone. That is not a valid reason to evict.

On a M-T-M, no reason is needed. OP is fully entitled to terminated this tenancy if s/he so desires.

 

[LdiJ]

Neither. Its a response to providing a notice to vacate for pushing someone. That is not a valid reason to evict.

If someone is a month to month tenant then notice can be given for any reason at all...or absolutely no reason. A valid reason to evict isn't necessary. That is why I asked you the question...I couldn't understand why you were focusing on eviction.

 

[kimmber27]

They are on a month to month and have only been living there for 4 months.

Physical violence is not acceptable in my home. She pushed & grabbed & left bruises on another roommate. That roommate (120 pound 30 year old) is now scared of the 300 pound 45 year old woman that "pushed" her. That is just one of ther reasons I gave her notice. But in CA no reason is needed to terminate a tenancy.

Still wondering if there are special rules about serving notice to someone in jail.

 

[Searchertwin]

They are on a month to month and have only been living there for 4 months.

Physical violence is not acceptable in my home. She pushed & grabbed & left bruises on another roommate. That roommate (120 pound 30 year old) is now scared of the 300 pound 45 year old woman that "pushed" her. That is just one of ther reasons I gave her notice. But in CA no reason is needed to terminate a tenancy.

Still wondering if there are special rules about serving notice to someone in jail.

I don't believe that are any special rules. He is still a tenant. Send him a crr letter terminating the month to month.

Next problem: Is there any of his property left behind? If so, in that letter state if not picked up you will consider it abandon within XX days, and you will follow state law on abandonment.
If it comes down to this, take pictures, list items, note damage and properly wrap and store.

Send the crr letter to the jail house, I am sure he is not going anywhere and will be easy to find.

 

[Who's Liable?]

If someone is a month to month tenant then notice can be given for any reason at all...or absolutely no reason. A valid reason to evict isn't necessary. That is why I asked you the question...I couldn't understand why you were focusing on eviction.

I stand by my original post. OP stated:

The other one decided to be stupid and touch/push another tenant in the house. She did not press charges but I gave her a 30 day notice.

Again, OP did not state anything regarding the end of the month or wanting to evict them anyway, only that they gave notice to vacate for pushing the other tenant, which is NOT a valid legal reason to give notice to vacate.

They are on a month to month and have only been living there for 4 months.

Physical violence is not acceptable in my home. She pushed & grabbed & left bruises on another roommate. That roommate (120 pound 30 year old) is now scared of the 300 pound 45 year old woman that "pushed" her.

If you were so concerned over her safety, why didn't YOU file a police report? The police don't need a victim to file a report, just an eyewitness. They would have removed the agressor right then and there.

That is just one of ther reasons I gave her notice. But in CA no reason is needed to terminate a tenancy.

You are correct, CA doesn't require a reason. However the reason YOU gave was that the tenant "pushed" another tenant, which again, is NOT a valid reason to evict someone. It wasn't until this post that you added "among other reasons".

 

[CdwJava]

If you were so concerned over her safety, why didn't YOU file a police report? The police don't need a victim to file a report, just an eyewitness. They would have removed the agressor right then and there.

FYI ... Without a victim for a misdemeanor crime, no, they would not have made the arrest if this battery occurred inside the home and not in a public place. Yes, the OP could have reported it, and the police could have sent it to the DA, but as a misdemeanor they are not going to pursue a case where the victim does not want to BE a victim in a non-DV misdemeanor battery case. Could they? Well, yes, if the OP wanted to sign a private person's arrest for the battery that they witnessed. Chances are, however, the police would have done nothing about it if the victim did not want to pursue the matter.

And, assuming the police DID choose to act on the observed battery, jail is not required as the police can - and often do - cite and release the offender. Even if not released at the scene, they would likely have been cited at the station or cited out by the jail immediately after processing.

 

[sandyclaus]

One more FYI, preceded by a question - in what California city is the property located?

You would be correct that, in California, no reason is needed to terminate a M2M tenancy. There is, however, an exception to that rule, and that is if the property is located in a rent-controlled community (of which California has quite a few). Some rent-control ordinances, such as the one that governs properties located in the City of Los Angeles, DO require good cause to terminate any tenancy.

 

[kimmber27]

I am not in a rent control area. Wish I was then I wouldn't need roommates.

I was not an eye witness to the assault. I came home 6 hours after the fact. I asked if she wanted to press charges and she said no.

A couple of other reasons why I gave them notice, the drug dealer that hopped my fence and came into my backyard at 3:30am to sell them drugs, finding out about the drug use, the rent being paid but always late, them arguing loudly daily. I think those are all pretty good reasons to get someone out of my house.

Not sure my Who's Liable is so mad. Do you want to live with someone like that? Its my house and I don't want that in my home.

I did contact the jail and the only mail they can receive is a 4x6 postcard. I was informed to send any correspondence to her lawyer or public defender.

 

[Who's Liable?]

No one is mad, I was just correcting you. You cannot evict anyone for pushing someone else.

 

[Zigner]

No one is mad, I was just correcting you. You cannot evict anyone for pushing someone else.

But, it's you who are in the wrong.

One CAN (it most circumstances) terminate a MTM tenancy for any reason so long as it is not based on a protected characteristic.

With that said, you are correct in a technical sense. One cannot seek eviction based on someone pushing someone. One CAN terminate the tenancy and the pursue an eviction against the hold-over tenant if the tenant doesn't leave. But, I suspect you aren't using the word "evict" in that precise sense, are you?