Check out some similar questions!

Cece1021 · Jun 15, 2012, 10:23 PM

I have a cousin whom I let stay with me after he was kicked out of his grandmas house. Now since he's been here he has not followed the guidelines to which we agreed upon. 1st he was to pay 400 month in rent. Being that I would cover all utilities we agreed he would put the food in the house. Since he has moved in he only bought food one time. And has failed to pay his rent every month on time. I always have to ask him for it. 7 to 10 days after it was due. Most important reason for why I want him out of my house is he doesn't respect me or my property numerous times I have come home to find my front doors wide open fearing that someone broke into my house. Now he wrote me a note stating that he will be out by the 20th of this month. Which was declared as his 30 days now my question is... on the 20th do I have the right to officially not allow him back into my house based upon his notice and the fact he has not paid rent? I read earlier that different states have different laws so if it's helpful I live in California

Thank you

ScottGem · Jun 16, 2012, 05:11 AM

Nope, you cannot lock him out. That is very much against CA law, with one exception; if he qualifies as a lodger (California Tenants - California Department of Consumer Affairs).

Also you need to give him notice to process an eviction, not the other way around. The next time he is late with the rent, give him a 3 day pay or quit notice. then follow that up with filing for an eviction order.

AK lawyer · Jun 16, 2012, 06:25 AM

Originally Posted by ScottGem

Nope, you cannot lock him out. That is very much against CA law, with one exception; if he qualifies as a lodger (California Tenants - California Department of Consumer Affairs).
...

Looks to me like he is a "lodger", but the notice must still be 30 days:

"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. Most lodgers have the same rights as tenants.

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
..."

In other words, OP could lock the cousin out, after the 30-day notice. But I don't think the note from the cousin would qualify as the required written notice.

ScottGem · Jun 16, 2012, 06:37 AM

Originally Posted by AK lawyer

Looks to me like he is a "lodger",

That's why I linked to the lodger info. But I don't believe the OP provided enough info to conclude that the cousin, is in fact, a lodger.

Also the definition of "private residence" is at issue. Does an apartment qualify as a private residence? I'm not sure and the OP didn't indicate the nature of the residence.

AK lawyer · Jun 16, 2012, 06:44 AM

I don't know either. I was looking at the discussion to which you linked so as to simplify the salient points for the OP's benefit.

Originally Posted by ScottGem

...
Also the definition of "private residence" is at issue. Does an apartment qualify as a private residence? I'm not sure and the OP didn't indicate the nature of the residence.

I'm reasonably sure it's a "house".

Originally Posted by Cece1021

... we agreed he would put the food in the house. ... Most important reason for why I want him out of my house is ... fearing that someone broke into my house. ... do I have the right to officially not allow him back into my house ...

Cece1021 · Jun 16, 2012, 08:54 AM

Yes it is a home. I own the home. And he has a room. So my best choice seems to be to do a 3 day pay or quit? Since he isn't paying his rent?

ScottGem · Jun 16, 2012, 09:05 AM

Originally Posted by Cece1021

Yes it is a home. I own the home. And he has a room. So my best choice seems to be to do a 3 day pay or quit? Since he isn't paying his rent?

If you give him a 3 day pay or quit I think you treat him as a regular tenant rather than as a lodger. Which means you have to go to court for an eviction order after the three days. Whereas, if you give him a 30 day notice to vacate as a lodger, you can then call the police to remove him as a trespasser if he refuses to leave.