I need opinions fast... (please)

[catholic79]

Wait and see what the housing department says before you move forward, they may be able to give you the name of a legal aid clinic that could help you or maybe they (housing department) will be able to walk you though the process.

 

[yessisan]

Ooh, I’m getting happy now. I searched in the California Housing Dept. website for my rights as a homeowner. The lady I spoke to at the dept said he was a “lodger” because he’s the only one renting and living here (other than the owners - DH and I). So here’s what I found from the website:

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.8 Most lodgers have the same rights as tenants.9

**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 ****“Landlord’s notice to end a periodic tenancy,” page 48.) 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.**10

The bold part is what applies to us… I read on to how to go about the 30 day notice, it says that as long as it is a month to month agreement, I can make him leave in 30 days. And if he doesn’t leave in the 30 days, I have a right to pursue legal action to evict him. if he doesn’t want to leave, his only right is to talk to me to try and convince me to withdraw the notice and to try and find out why I want him to leave. And if I say he can stay, then he has to abide by the rules, he has to keep his promise to show he’s not going to do the things we’re upset about.

So, now that I found that, and I have typed the letter with the 30 day notice and why he has to leave, I’m putting it in an envelope and leave it where he picks up his mail.

FINALLY I’ll be able to sleep and come home and be at peace!

 

[yessisan]

I would reconsider this position. The fact that he had a utility company come without your permission could be your “ace in the hole”. Please know that his girlfriend visiting could be a matter of his word against yours about how long she was really there…and difficult to prove. His hygiene habits (again) could be a matter of opinion. Him waking you up could be annoying but perhaps difficult to prove for you.

You have proof that he and his friend participated in illegal activity on your property. This sounds like iron-clad reason to evict to me! In addition they may have done damage (drilled holes) in your property without permission.

I know you do not want to “make trouble” but perhaps you should reconsider calling comcast. You have first-hand knowledge that a crime was committed by one of their employees. It may be your moral obligation to report this as who knows what else this person is up to and what other innocent customer they have pulled something on, they are obviously dishonest.

I appreciate your ad but can see how many things you mentioned are subjective and you don’t have a written agreement. Sounds like the cable thing is the way to go to me. Disclaimer: just my opinion as I am neither a tenant, landlord or attorney!

You are right about the Comcast thing Monica. Once I contacted Comcast to make sure he hadn’t added the extra line to my bill, and they assured me it was just my line. I better call them and tell them what happened.

 

[Feanaro_s_Wife]

So, now that I found that, and I have typed the letter with the 30 day notice and why he has to leave, I’m putting it in an envelpo and leave it where he picks up his mail.

FINALLY I’ll be able to sleep and come home and be at peace!

**
Maybe hold off on giving it to him… some people can be pretty, ummmm, can’t think of a good enough word but he could make a lot of trouble for you in 30 days before he goes (if he goes). I would talk to a professional first and line up some solutions if things get ugly.

Also, are you telling him in the letter the “real” reasons for him being evicted? If it were me I might consider telling him that in light of all you have gone through recently you and DH have decided that you ultimately need your privacy…**

 

[yessisan]

Maybe hold off on giving it to him… some people can be pretty, ummmm, can’t think of a good enough word but he could make a lot of trouble for you in 30 days before he goes (if he goes). I would talk to a professional first and line up some solutions if things get ugly.

Also, are you telling him in the letter the “real” reasons for him being evicted? If it were me I might consider telling him that in light of all you have gone through recently you and DH have decided that you ultimately need your privacy…

The letter states that he has his girlfriend living here and that he isn’t respecting the sleeping hrs. I also mention that he went ahead and put the internet line w/o my permission and that his friend did it w/o a note from us.

If he tried giving me trouble I can call the police and I do have the cable thing against him as proof.

I really don’t think he would act all crazy, his last landlord changed the locks to the place he lived in, didn’t give him his deposit back, nor the money of the rent he had just paid (he paid it 2 days before he moved in to my house), and he didn’t do anything to the man or his house or car…

But then again, I really don’t know the guy.

 

[GladCatholic]

I’m putting it in an envelpo and leave it where he picks up his mail.

If you’re leaving it somewhere he picks up his mail, he can say he didn’t get the notice. You would need to have proof of notice–when we file evictions, it has to be done certified mail so the resident signs for it and we can prove the resident received it.

Glad

 

[yessisan]

If you’re leaving it somewhere he picks up his mail, he can say he didn’t get the notice. You would need to have proof of notice–when we file evictions, it has to be done certified mail so the resident signs for it and we can prove the resident received it.

Glad

I used to work at a real estate office where the owner had rental units. When we wanted to send information to the tenants, the notices could be posted on their door or hand delivered, or posted on the door and mailed certified. But I can’t remember exaclty what we did when we evicted one of his tenants… It’s been over 2 yrs…

ETA: so you file evictions? What state are you in? I’m in California. The only thing is that it’s not an official eviction unless he refuses to leave by the end of the 30 day notice…

 

[GladCatholic]

The properties we handle are in Florida. Ordinarily we don’t evict without giving a notice to cure, which is either 4 day or 7 day, and these notices can be posted on the door, but the formal eviction notice always goes out from an attorney certified mail. All of our residents sign a lease though. We had one instance where there was someone occupying a unit without a lease…we posted notice on the door (and I’m sorry, I don’t remember how many days notice) and then it went to the attorney for evictions. Even though there wasn’t a signed lease, the occupant had the same rights as a tenant with a lease as far as the process to remove them from the unit…not saying they had the same rights in general as a lease, but just saying as far as the removal process, apparently they did.

Glad

 

[yessisan]

Good to know, thanks for the info!

 

[GladCatholic]

What you’re in essence doing is issuing a 30-day notice to vacate. Then, if he fails to vacate, you move to evictions, which I don’t know about CA but FL has taken us anywhere from 30-60 days depending on the county, for the eviction to be final.

If you post 30-day notice in a fashion where he can state he never received 30-day notice, you’re stuck in all probability with having to issue another 30-day notice prior to the eviction. I’d actually wait to talk to the city again about method of delivery on the 30-day NTV. When we post notice to cure (4 day for nonpayment let’s say) we have to be able to prove the delivery was made to the resident before the eviction can be filed (the eviction could be filed but we could lose in court if the resident contests the fact that he received legal notice).

Glad

 

[yessisan]

Good to know, thanks for the info!

 

[dhgray]

Altesse:
This is illegal. Call Comcast and cut him off. Use this as reason to boot him. Tell him it was illegal and “rather than file a police report, you want him out” . Comcast will fire his friend too.He might also be liaible for property damages if there were any modifications to the house (i.e. a hole where the cable comes in to the house.) I’d call comcast tell them that he (the renter) installed cable with out your (the homeowner) permission and find out 1) what they are going to do about it and 2) how they are going to repair your house.

 

[catholic79]

Did the house department say to give a reason? I think you would be better off not giving a reason. I am pretty sure with a verbal lease agreement you don’t have to give a reason. Hand him a copy of the letter and have him sign one for you, your DH and you should do this together witness’s are good things.

 

[yessisan]

He might also be liaible for property damages if there were any modifications to the house (i.e. a hole where the cable comes in to the house.) I’d call comcast tell them that he (the renter) installed cable with out your (the homeowner) permission and find out 1) what they are going to do about it and 2) how they are going to repair your house.

I’m still hesitating on calling the cable company. But I do want to do this. I think I’ll just wait and see what DH says when he gets home. I really don’t want more drama!!! :nope:

 

[Sina]

Charge the GF rent! She is using utilities too and you only had a deal for one person to live there.

Bah what do I know about this stuff. It is definitely a mess you DO NOT need.

 

[yessisan]

Did the house department say to give a reason? I think you would be better off not giving a reason. I am pretty sure with a verbal lease agreement you don’t have to give a reason. Hand him a copy of the letter and have him sign one for you, your DH and you should do this together witness’s are good things.

So you think I shouldn’t state the reasons? I just wrote them so he knew why he was being asked to leave.

I mean, Dh said maybe if we give him the option of changing his ways, he could stay, or that he has to leave in 30 days.

I really don’t want to seem as a mean person, but I really want the peace back in my house…

 

[yessisan]

Charge the GF rent! She is using utilities too and you only had a deal for one person to live there.

Bah what do I know about this stuff. It is definitely a mess you DO NOT need.

That’s another thing I was telling DH, either he leaves, or he’ll start paying rent for her too.

 

[beckers]

So you think I shouldn’t state the reasons? I just wrote them so he knew why he was being asked to leave.

I mean, Dh said maybe if we give him the option of changing his ways, he could stay, or that he has to leave in 30 days.

I really don’t want to seem as a mean person, but I really want the peace back in my house…

Be realistic.You already gave him the rules and he lied to you already. He is not going to change his ways.

I wouldn’t give him a reason and if you don’t legal have to them maybe that is the way to go. Just give him the notice and if he ask say the relationship is not working out the way we thought it would with a renter in the house. We have decided that we don’t want to have a renter anymore.

Simple and easy. It doesn’t put blame on him and its the truth. You’ve decided that you don’t like have someone in your house that mess with your shcedule and life style. It’s your house so you can change the rules on how you want to live.

 

[yessisan]

Be realistic.You already gave him the rules and he lied to you already. He is not going to change his ways.

I wouldn’t give him a reason and if you don’t legal have to them maybe that is the way to go. Just give him the notice and if he ask say the relationship is not working out the way we thought it would with a renter in the house. We have decided that we don’t want to have a renter anymore.

Simple and easy. It doesn’t put blame on him and its the truth. You’ve decided that you don’t like have someone in your house that mess with your shcedule and life style. It’s your house so you can change the rules on how you want to live.

So true… it is my house, so they’re my rules… hahaha I sound like my mom when I used to live with my parents… haha

Well then, I will be writing another letter and then complain to Comcast Cable when DH gets home.

 

[Feanaro_s_Wife]

I wouldn’t give him a reason and if you don’t legal have to them maybe that is the way to go. Just give him the notice and if he ask say the relationship is not working out the way we thought it would with a renter in the house. We have decided that we don’t want to have a renter anymore.

Simple and easy. It doesn’t put blame on him and its the truth. You’ve decided that you don’t like have someone in your house that mess with your shcedule and life style. It’s your house so you can change the rules on how you want to live.

:thumbsup:That’s what I was trying to say! Thanks for being more clear, lol

malia