I own a house in CA. I rent out three rooms. One roommate moved in in Dec.07 her rent is $750.00 a month and she has only give me a told of $680.00 for three months rent. The first month I let her pay $500.00, her parents kicked her out and I felt bad for her I tried to give her a break. The second month she said she lost her money order and they were to send her another one to replace the lost one so had nothing for me, she gave me one payment of $80.00 and said she would have the rest within a week,but never paid. The third month she gave me nothing and still hasn't paid for the second month. Rent is due on the 20th of each month (not the first) on Feb 20th is when her rent for the third month was due. On Feb 25th I locked her door and gave her a 30 day notice that she had to be out. I told her that when she gave me $1,000.00 I would let her back in her room to have her things and then we would work out payment for the rest of the money. She is not locked out of the house. Until last week she was still coming to the house to shower and eat before work. On March 8th she gave me $100.00 and I haven't seen her since. I told her that she has until March 25th to pay me the money she owes me or I will sell her things. She hasn't come to the house since the 8th and hasn't slept at the house in over a month.
Are her belongings considered abandoned?
I have no rental agreement with her,and she has not been there since the 8th of March. I need to know what I can do. Can I hold or sell her things to get payment? I also want to know what kind of legal trouble I am looking to face if I do sell anything of hers and for locking her out of her room. I am trying to be an understand person but because of her I can not pay my mortgage. I am jest very frustrated and don't know what to do, can anyone help me please!!!

LisaB4657

You are incredibly lucky that she has not yet sued you for illegal eviction. And yes, you can also be liable to her if you sell her things without giving her proper written notice and the opportunity to remove her stuff.

You should have given her the necessary notice and filed for eviction the first time that she didn't pay in full.

Go to Landlord/Tenant Book Index - California Department of Consumer Affairs to learn about your rights and responsibilities.

this8384

Lisa is 100% right; you've done everything illegally, which is both unfortunate and irritating because your tenant really stuck you on this one.

I'm not sure what the laws are in CA, but here in WI, you are not allowed to keep and/or sell someone's personal property as restitution for back rent. You are also not allowed to change the locks, no matter how far behind they are. You're very lucky that she hasn't called the police on you which she has every legal right to do(again, unfortunate and irritating but that's the law).