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CA Civil code 1946.5, landlord/owner v. tenant/lodger: When may I change the locks?
Hello;
I own my home, and allowed a person I thought to be a friend to stay in my home, 'paying' for his 'rent' by doing work on the house. (I'd inherited it from my mother, and it needed work.) This person did some work, but I had to compel him to do things, dragging him away from playing computer games while having the TV on. He moved into the house in August of 2009, and actually stopped living here in June of this year (2010), although he still has half of the two-car garage filled with his belongings, still has things in the bedroom, and still has a vehicle in the driveway. He left for me a boilerplate 30-day notice of terminating his residence here (spiced up with bellicose and acrimonious language) over 30 days ago, and I have given him two more days to move, and to remove all of his belongings from my home. My question is this: Since he gave the notice over 30 days ago, and his time frame has passed, when may I change the locks? I know that -- per CA Civil code 1946.5 -- I, as a resident of my home, do not need to get an unlawful detainer, and only need to call the police _after_ the extension I provided has passed, should this person continue to ignore his requirement to leave. All helpful advice is greatly appreciated... |
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Since he was a lodger in your home that you reside in, I believe that yes, you can change the locks at the end of the extension you gave him. However, his possessions are another matter, and I believe that regular landlord law applies. You have to list the items and notify him to remove them in the usual manner including notice of storage charges and what will happen at the deadline. This doesn't prevent you from clearing out the bedroom and putting his belongings in the garage and locking the garage until he arrives at the agreed on time.
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Since he has given notice and has not actually been in the house after the expiration of the notice, then you can change the locks. I would send hm a notice that you will be doing so and requiring him to make arrangements to remove his belongings by x date. |
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