View Full Version : How can I evict a squatter from my home who doe not pay rent in California?
kteson
Feb 19, 2011, 02:08 PM
I allowed this person to come in to my home for a few weeks while she was finding assistance. Now she claims that she has California civil rights, and that I must give her 30 days serving of a legal notice from the civil court. In checking, this will cost me $240 simply to file, and she would get 30 days notice, and the sheriff would remove her. Do I have other options?
smoothy
Feb 19, 2011, 02:30 PM
Have her legally served with a notice to vacate... in accordance with Californias notice (most places its 30 days)... and if she refuses. File for eviction and let the Sherrifs put her out on the street.
Be careful to follow the law and don't simply change the locks where you would make it worse for you.
Any shortcut... will only let her mooch off you even longer.
Personally, I would make staying there as unpleasant as possible... turn the heat way up or way down... or the A/C. Leave the TV on all hours of the day or night to make sleeping harder for her. Anything that doesn't break the law or violate any rules you have to comply with.
Try offering her money to leave... with a signed receipt saying that was in exchange for vacating immediately... (THEN you could change the locks if she does leave after signing that).
Just be careful to follow legal remedies or she can milk you for even longer. The fastest way is the legal way. Or if a few hundred cash would get her to move herstuff out earlier which you are going to be paying anyway.
joypulv
Feb 19, 2011, 03:10 PM
CA Civil code 1946.5
(CA.gov)
This person is a lodger (as in roommate, sharing your living quarters?), not a tenant, I believe, so you can get her out more quickly.
JudyKayTee
Feb 19, 2011, 03:15 PM
I see no other options - she is going to be viewed as your tenant and she will have to be evicted according to California law.
(A lodger is a person who rents a room, according to CA law. I don't see this person as a lodger.)
ScottGem
Feb 19, 2011, 03:53 PM
This is actually a hard one. Given the short duration (I assume a few weeks means less than a month), she may still be considered a guest. If there was ANY agreement to pay rental then she IS a lodger. BUT as a lodge she does not have to be formally evicted. She does, however, need to be given 30 days notice that her tenancy is being terminated.
However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See "Tenant's notice to end a periodic tenancy".) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner's house and may be removed as a trespasser.
California Tenants - California Department of Consumer Affairs (http://dca.ca.gov/publications/landlordbook/whois.shtml)
JudyKayTee
Feb 19, 2011, 04:32 PM
Scott, I found the definition of a lodger to be: "Single lodger in a private residence - A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house."
I can't tell if the person is a lodger or a guest. Does the "tenant" use the OP's address to receive mail or as a legal address?
I think I would give the person notice as a lodger but back up by evicting that person.
ScottGem
Feb 19, 2011, 04:40 PM
I allowed this person to come in to my home for a few weeks
By this I assumed that he owns the home and this person was the single lodger.
JudyKayTee
Feb 19, 2011, 04:42 PM
I'll be curious to see how this plays out - hopefully OP will come back.