Hi. My friend was homeless, so I let her to stay for a month in my house. Well it has been 2 years. She stayed rent free for about 1 1/2 years and recently she start giving me $300 a month towards utilities bill. She lives in the same residency as me and never bought any food or soap or toilet paper. The worst part that she is extreme hoarder. You can not even see her in the room. She only has a little area in middle of the room with a little stool. Further more she trashed the backyard over and over. All her stuff there would get wet and moldy. We hired clean up crew twice. We also rented $500 debry box 6 months ago. The back yard once again is full of rotten crap.
I asked her to leave several times, but she just would laugh in my face. She said she is not going anywhere. What can I do?
Yes. You need to evict her. 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. Under California law, most lodgers have the same rights as tenants. (Civil Code section 1940(a).)
However, in the case of a "single lodger" in a house where there are no other lodgers, the owner can evict the lodger either under normal landlord-tenant unlawful detainer law, or alternatively, 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 (usually 30 days).
Once 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. A lodger who remains on the premises of an owner-occupied dwelling unit after receipt of a notice terminating the hiring, and expiration of the notice period is guilty of an infraction and may be arrested for the offense by the owner. (Civil Code section 1946.5 and Penal Code section 602.3.)
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
In most states that is a simple process. Your friend is on a month to month oral agreement--it only takes 30 days notice to terminate such a lease--give her written notice of termination. If she refuses to leave, which I bet she will, you'll have to file an unlawful detainer action (an eviction suit). Takes 4 to 8 weeks, sometimes a little longer.
You also may be able to sue her for the two times you had to hire people to remove her junk, and damages to the apartment from her hoarding--the full extent of which may not present itself until she departs.
Recommend you contact the SF County Court or a SF area Landlord Tenant attorney and inquire about how to proceed in accordance with CA statutes. Also check out this link: http://www.dca.ca.gov/publications/landlordbook/catenant.pdf
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You need to evict her. I handle these cases. Contact a local lawyer to assist you who handles landlord-tenant cases in San Francisco.
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