[bbydimplez1989]

So I have a question my father is renting a room to this lady she smokes drinks always has loud music and also owes myself and my father some money we let her barrow now she won't pay it wich dats not da whole thing I'm writing on here... I filed a small claim at da court... my question is my father change locks on da house and take her stuff out the room she's a stubborn lady she things she's all hard and I believe she does drugs also has pipes... wat can we do we want her out!! Please helppppp!! Any suggestions anybody thanks...

[JudyKayTee]

This is an International site - without knowing where you are it's impossible to give other than general advice which is that it is illegal to lock someone out.

Your father already has her in Court, right?

[bbydimplez1989]

Im sorry we are in da state of California... And yes we filed a small claim a couple of days ago we have court for that matter of the money she owes us but dats aside from what she pays for rent that was a loan... but my question is what can we do to get her out?? Wats da best thing to do? My father is juat renting her that room from month to month no contract...

[ScottGem]

Does your father rent or does he own the house? If he owns, she might be considered a lodger under CA law (California Tenants - California Department of Consumer Affairs) which will make it easier to evict her.

If she doesn't qualify as a lodger, then you will have to give her a pay or quit notice according to CA law.

But locking her out is not the answer.

[bbydimplez1989]

So that means my dad can't kick her out as easy her month expires on may 2nd so wats da next step we cam take

[odinn7]

U will has ta follow proper eviction procedure that you need ta kick her out legally.

[LisaB4657]

First, please use proper language when asking questions here. It makes it very difficult to read your question when you use words like "dat" and "da".

Second, does your father rent rooms to anyone else besides her? If he does then she would not be considered a lodger and would have to be treated as a tenant. If he does not rent rooms to anyone else then she is a lodger. In that case he would just have to give her a written notice that she cannot continue to use the room and must move out within 30 days. If she hasn't moved out within that time he can have her removed as a trespasser.

If she is considered a tenant rather than a lodger, and if she owes rent to your father then he can give her a written notice to pay within 3 days or move out. If she doesn't move out within those 3 days then he can file a lawsuit for eviction. However if she pays all of the back rent in full then there is no eviction and your father will have to start over.

If she doesn't owe rent then your father can give her a written notice that her tenancy is terminated and she must move out within 30 days. (He has to give her 60 days if she's lived there longer than 1 year.) If she doesn't move out within that time then he can file a lawsuit for eviction.

Under no circumstances should he change the locks unless he has a court order! Changing the locks without a court order is an illegal eviction and he could end up owing her a lot of money.

There is a very good handbook that describes landlord/tenant law in California very clearly at http://www.dca.ca.gov/publications/l...k/catenant.pdf. I suggest that your father read this handbook if he intends to rent rooms in the future.

[ScottGem]

Just one caveat here, is your father has to own the property for her to be considered a lodger. If he rents, then it won't fly.

[bbydimplez1989]

Thanks for all your advice... and yes my father ownes the property.

[bbydimplez1989]

I have one more question.. You said my father needs to give her a writing letter does he have to sing the letter? Also you said 30 days notice if she's been here for less than 1 year.. but my question is also if she pays the rent on the 2nd of may because every 2nd she pays her rent if she pays can my fathergive her the letter after she pays for the month of may or will he have to give her 30 more days to get out?

[LisaB4657]

Yes, he should sign the written notice. And he can give her the written notice at any time. It doesn't matter if she's paid the rent or not, but it might be a good idea to give her the notice right after she pays the rent so he can get the rent for that month. If he gives her the notice on May 3rd the notice should state that she must move out no later than June 3rd.

[bbydimplez1989]

Thanks a lot Lisa you really been aloy of help... :)

[LisaB4657]

Good luck!

[ScottGem]

CA doesn't require a rental period notification. However, sine 5/2 is only a couple of days away, it makes sense to prepare the letter ans as soon as she hands over the rent hand her the letter.

[bbydimplez1989]

Thanks Scott yes will do..