i have a roommate that gave me his 30 day notice now if he stays longer than 30 days whats the penalty for him

Question

i have a roommate that gave me his 30 day notice and he told me he cant get out for one or more days later he said there is a law that he benifits from he doesnt have to pay any extra is this true because i have another person moving in the next day that he suppose to leave...he says he cant move some stuff beyond the 30 days so what can i do can i charge him for days or a extra month i dont know the california laws

Answer 1

Tell him if his stuff not out on the date specified you will put it to the curb.

If their is such a law in your area have him show it to you, other than that his junk is out. You got a new room mate coming in.

Answer 2

that particularly relies upon on the owner Tenant rules on your jurisdiction... some jurisdictions dont require a observe to kick somebody out while there isn't any signed hire contract, different jurisdictions require 7, 14, or 30 day observe with or without hire... If the statutes says 7 day observe then provide them the 7 day observe... As for the battery expenses it won't count whether you gave them a 7 day observe to circulate out or no longer it would have no longer something to do with the actuality against the regulation occured.. Battery is a criminal difficulty and unlawful eviction is a civil difficulty, they dont combine the two...

Answer 3

Ethically you can charge him by the number of extra days he stays, if you have a roommate to take his place then he would need to put his stuff in storage, and go to a hotel/motel. If he should store his stuff at your place you can charge him what a storage facility would charge. Other than that talk with a lawyer and find out what your legal rights are. He's the one who gave you notice, so at midnight of the thirty days he HAS to be out.

Answer 4

Well first of has he signed a lease with you? If he's signed a lease he must be out by the 30 day period. Generally there is a grace period. You could call the cops and file a complaint. But you'll have to go to court and you'll need to be the landlord, not the responsible roommate. It would be easier and cheaper for you to move his crap to the curb. If he is on lease with you you "could" pursue him. But 1-2 days worth of "back rent" wont be worth the court costs.

Answer 5

First, make HIM prove such a law, but inform him that a new roommate is scheduled to arrive and that if he cannot remove his stuff, it will just have to go into storage at HIS expense. Then go to city hall and ask for informaton on your rights AND responsibilities. You may be able to change the locks, and that will control his access to the flat. But check first because you could get in trouble if you do something wrong.

Answer 6

He has to pay for the extra days. Make sure he not only pays but go through the place with him and agree that everything has been cleaned satisfactorily or he will need pay for that or the extra days it takes to have it cleaned as well.

Remember he gave you his notice. If you are both agreeable it can be amended, but he can't expect to get a free ride.

Answer 7

If written notice has been given and the time runs out then just plainly remove his belongings and he will soon find some idiot to take them in. Tell him he can pay you extra to stay on longer and tell him the rent just doubled.

Answer 8

yes he does have to pay for staying there if he isnt out when he says he will be call the police and get them to escort him out you can charge him for every extra day he stays oh yeah and i highly doubt there is a law saying that he or his stuff gets to stay free, nothing is free.

Answer 9

depends how mean you want to be obviously show force see if it's possible for someone to take his stuff and he don't get it back till he's paid it happens with cars and his stuff is then according to contract if it says his stuff must be gone in 30 days illegally parked or.

Answer 10

The remedy for the tenant who has refused to live up to his obligations under the rental agreement, or to vacate once it any lease has expired, is to evict him. A California eviction is referred to as an "unlawful detainer" and it is a special proceeding set up by statutes which provides for an accelerated process. The foundation for this process is the provision to the tenant of the requisite legal notice allowing him to cure his default and avoid forfeiture of his tenancy, or terminating his tenancy. See the section on TERMINATION OF TENANCY. Typically an uncontested eviction action takes under 30 days to complete from service of eviction notice to Sheriff restoration of the premises.

The tenancy having been terminated, whether for non-payment of rent and the use of a 3 day pay or quit notice or a 30 day quit notice, the landlord commences things by filing a complaint and having summons issued in the local municipal or superior court {Code of Civil Procedure Sec. 1166}. After service of these documents upon the tenants, they have five days to interpose a response at court (usually by filing an Answer or other pre-judgment motion) {Code of Civil Procedure Sec. 1167, 1167.3}.

If the tenants fail to appear to defend or otherwise contest their eviction, then the landlord may immediately have a clerk’s judgment for possession of the property, and can obtain judgment for any rent and other things he is entitled to later {Code of Civil Procedure Sec. 1169}.

Where the tenant answers, either party may demand a trial before a judge or jury, and this trial must occur within 21 days of the demand {Code of Civil Procedure Sec. 1170.5}.

Upon the conclusion of the trial, the court will pronounce judgment. If in favor of the tenant, the matter ends. If in favor of the landlord, the court will order that the landlord be restored to possession of the property, plus such monetary awards as are allowed {Code of Civil Procedure Sec. 1174}.

After the possession judgment is entered, the clerk will issue directing the Sheriff or Marshall to go to the premises and evict the tenant. The peace officer will deliver a five day notice to quit demanding that the occupants of the premises vacate or be evicted, and upon expiration of the five days, will physically put the tenants out and restore the landlord to possession. The peace officer will not, however, move or accept responsibility for any tenant personal property of the occupants which may remain on the premises. The former tenants have up to and including 15 days in which to reclaim their personal property {Code of Civil Procedure Sec. 1174}.

When the peace officer gives his initial eviction notice, any person who claims a right to possession of the premises may assert that right and that claim will be resolved under {Code of Civil Procedure Sec. 1174.3}.

The legal process of eviction is done by the landlord acting "In Propria Persona" or retaining an attorney. Uncontested cases usually consume 13 to 30 days. Where a tenant fights or contests their eviction, which would include at least one court hearing, the process will take 30 to 50 days to complete.

If the tenant can show that the landlord is trying to evict him, raise his rent, or otherwise increase his burdens of tenancy in retaliation for his exercise of a legal or constitutional right, then the landlord cannot recover possession from him, or enforce the rent increase or other action. Where the tenant has acted in the exercise of his rights within the past 180 days, the landlord is presumed to be acting in retaliation, and the landlord has the burden of proof of a reason for the eviction or other action. Where the eviction is for non-payment of rent, or the notice of termination of tenancy, or rent increase, specifies satisfactory cause for the action, then the tenant may still raise a defense of retaliation, but the tenant has the burden of proof of retaliation {Civil. Code Sec. 1942.5}.