"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.9 Most lodgers have
the same rights as tenants.10
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
â€œLandlordâ€™s notice to end a periodic tenancy,â€ page 50.) When the owner has given the lodger
proper notice and the time has expired, the lodger has no further right to remain in the ownerâ€™s
house and may be removed as a trespasser."
I am sorry to hear that you are having difficulty with the tenant. Sounds like it is not a pleasant situation.
It sounds like you have a tenant is not in a separate living space of your house (like a mother in law), right? If you have a tenant that is one of the bedrooms, but you share the common living areas such as the kitchen, living room, etc. then this tenancy is different than the tenancy described in Measure EE. Have you read over Measure EE (Tenancy law in Oakland)?
I would suggest that you begin to document your conversations with the tenant. I highly recommend you speak with a lawyer who is familiar with the tenant laws in Oakland and who can help you navigate this process. You may also want to contact the Oakland Rent Control board http://cedaonline.oaklandnet.com/rentadjustmentsite/ordinanc There is a lot of information on their website and you may also want to try to call them directly to get some guidance on your situation.
Again I am sorry to about your situation.
If you would like a referrals for lawyers specializing in the Oakland Tenant laws, please let me know.
Hope this helps!
I do not understand poeple who will always ask the necessary questions AFTER the fact. Call the rent control board in Oakland, but my take is that you have NO tenant agreement in place. I base this on the FACT that lenders will not take the income from a roommate into account for lending purposes.
Call a lawyer would be my advice right now.
After all, if you let your emotions get in the way, it may cost you later with a lawsuit from your tenant.