Oakland homeowner. Took in roommate to help with the mortgage. No lease. Month to month. 16 days late with rent last month. Hasn't yet paid this

Asked by Oaklandeasy, Oakland, CA Thu Nov 11, 2010

month I want to evict him. I'd rather he left now. Do I have to wait 30 days or can he stay that long or longer? Is it illegal to give him incentive to leave. He's been giving me a story every day since the 5th. Worst roommate I've ever had. There are a million reasons why I need him gone and out of my life but not paying the rent on time, in either of his first two months, is the deal breaker.

After he pays me the rent, hopefully tomorrow, I want to put it towards this month's mortgage asap and then tell him to get out. I don't mind serving him papers but I'd rather just ask him to leave first and see if he goes. Is this illegal?

He never gave me the deposit amount we had agreed on when he moved in.

After I pay my mortgage, yes, I'm month to month right now, I'm willing to prorate the rest of this month if he's willing to go. I don't care where.

I was desperate when he moved in. Times are tough but my peace of mind is not for sale. I need him out. He doesn't belong here.

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Nick, Home Owner, Oakland, CA
Sun Mar 17, 2013
This answers your questions....I'm about to buy and will rent a room: This is on the city of oakland's site about tenant law. You do not have to go by tenant's laws as if you have one person there, and you live there and share common area, they are a lodger, not a tenant.

"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
“Landlord’s notice to end a periodic tenancy,” 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 owner’s
house and may be removed as a trespasser."
1 vote
Lisa Cartola…, Agent, Oakland, CA
Fri Nov 12, 2010
Hello Oakland Homeowner,

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!

Lisa Cartolano
Web Reference:  http://www.LisaCartolano.com
0 votes
Antoine Pirs…, Agent, Oakland, CA
Fri Nov 12, 2010
Dear Oakland Easy:
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.
Kind regards
0 votes
Ellen Lynch, Agent, Berkeley, CA
Fri Nov 12, 2010
Dear Oaklandeasy. You really need to talk to a local attorney,, someone based in Oakland, well versed in Oakland Measure EE and Oakland rental ordinances. Nobody else can help you adequately. Of course you can try to deal with the renter yourself and reason with him, but please be careful what you do. It sounds like he has not lived up to his agreements, and you have to wonder why he would now. You can call the City Rent Arbitration Board for some free info, http://www.oaklandnet.com (direct link is currently being worked on, should be up soon, but go through the city main link, user-friendly). Good attorneys: John Guiterrez, John Wu, Fred Hertz. Talking to an attorney, even briefly, calling the city too, will surely give you peace of mind regarding what steps you need to take to protect yourself and get this guy out legally. Good luck.
0 votes
Bill & Elijah…, Agent, Oakland, CA
Fri Nov 12, 2010
I'm not sure if your situation falls under rent control or not. Check measure EE City of Oakland. And call rent board. Not paying rent is always grounds for eviction. Just make sure you are doing it correctly. In future do thorough background check before renting. Good luck.
Web Reference:  http://billfletcherhomes.com
0 votes
Jeff Kim, Agent, Blackhawk, CA
Thu Nov 11, 2010
Seems like your very frustrated. However, I would suggest making sure you properly and LEGALLY evict your tenant. Additionally, document EVERYTHING you do and say to your tenant. You may want to check with your local Bar Association. You may want to look that up on the internet and see who can help in Oakland-Sorry I'm not familiar with the intricate legal nuances there.

After all, if you let your emotions get in the way, it may cost you later with a lawsuit from your tenant.
0 votes
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