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One last thing. If she does change the locks, do not try to bust in the door or anything like that. Immediately call the cops and tell them the situation. They will then tell her what she has done is illegal and to change the locks back immediately and give you access to the house on the spot.
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"We got too many gangsters doin' dirty deeds, too much corruption and crime in the streets. It's time the long arm of the law put a few more in the ground...." -
How about this scenario: My 20 yr. old son still lives at home, does NOT pay rent, steals money, booze, and electronics from me, continues to smoke pot (against my and my wife's wishes) sleeps all day, barely works, you know, the typical loser of this generation. Anyway, I want him out, do I have to do a legal landlord/tenant 60 day notice type eviction?Comment
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"We got too many gangsters doin' dirty deeds, too much corruption and crime in the streets. It's time the long arm of the law put a few more in the ground...."Comment
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You're funny; Seriously though, I don't really want him in jail I just think he needs a wakeup call. (do you guys really have room for more harmless, lethargic pot heads in jail anyway??) Besides, he got pulled over and cited for posession and he didnt go to jail, you guys (LE) practically reward these kids for pot use by treating it as an infraction! These kids think "it's just a ticket, what's the big deal"?
I just don't understand what I did wrong with this kid, he was lined up for a swimming scholarship at a MAJOR university, he had a 3.8 GPA then he started smoking pot and it all went to heck in a handbasket...Comment
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Simple... he got started on Pot... That's what happened. It's billed as a pretty harmless drug. While smoking has some social issues, tobacco use doesn't turn someone into an apathetic couch potato that doesn't care that he just lost a scholarship at a major university, thanks to a GPA of 3.8...Comment
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I'm guessing he doesn't know what he wants in life, and the "cost of living" hasn't sunken into his head so that he realizes what that really means.
Seems common in teens and young adults.
The weed smoking is a byproduct/side effect I'd say, not the cause.If it was a snake, it would have bit me.
Use the goog to search calgunsComment
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First to the OP. Good luck. Mixing business and family is always hard. The Sheriffs Office should be able to point you in the direction of all the renter's rights info you will possibly need.
I would keep the "cash" payment rent thing in your back pocket. That one alone should scare her back into the reality of being reasonable about throwing you out. That kind of thing can cost a person dearly and the IRS does not make requests, they bark orders and attach wages.
Usually there is a grace period for paying rent. If I am not mistaken it is 5 days. Therefore you are not delinquent on the 5th of the month, you become delinquent on the 6th. It would not look good for someone to change locks for non-payment of rent 1 day past the 5 day grace period when all other rent payments have been made on time.
Proper service is not defined by posting a note on your door. Also, 30 days notice means 30 days. If the month has 28 days, day 29 and 30 carry you into the next month. 30 days is not defined by the length of the month you happen to be in otherwise landlords would always serve people in February to get a couple days of fere rent back from the tenant. 30 = 30. So, even if this was legit, you do not have to be out by the 28th.
PAY YOUR RENT. In any situation as a renter the best card you hold is your rent payment. Never (I know you probably paid this by now but for the sake of others reading the post) withhold rent for any reason. Until the LL has been proven to be in violation of a lease you have no cause to not pay your rent and the second you decide not to pay your rent you are in clear/evidence supported/voluntary violation of your lease (whether written or verbal) and give up most if not all of your rights.
My advice is to corner her (not in a detaining, violent way) just at your next opportunity explain to her that what she is doing is illegal, not only evicting you in this manner but not reporting the rental income (if this is the case) to the IRS and if she chooses to not be cooperative you have no choice but to pursue legal alternatives. Anyone in their right mind that sees the light at the end of the tunnel (she wants you out, you want out, trying to find a way to make that work) would not want to risk this type of litigation and public record for the sake of a family feued. If she can't read between those lines then I guess you have to throw the book at her (not literally).
Doesn't seem like you are a landlord nor he your tenant. I don't think your son's continued stay would be considered squatting but that would be the only thing I would be concerned about in your situation. However if he is anything like you describe he is not going to research squatters rights so it shouldn't come up.
You can tell your son that it is time to cut the umbilical cord and put him out. You fulfilled your LL requirement when he turned 18. Might be time for tough love. I got thrown out of my house at 16 an dammit if it wasn't the best thing my parents ever did for me. He will thank you later. You don't have to cut him off, you can help financially if you so desire but I know I would have milked that cow as long as I could have. He really is waiting for mom and dad to come in and say get the **** out. Seriously, he might not even realize it but it is what he really wants and most likely needs.Comment
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Don't blame us for not being able to toss him in the clink. You could try what my father-in-law did for my wife's brother. He invited the local Army recruiter over for dinner and gave him a choice: Start paying a very inflated rent, which would mean getting a job, or enlist. He chose the Army thinking it would be a breeze. He was mistaken but they put him on the straight & narrow.
Not sure the Army would take him anymore.LASD Retired
1978-2011
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Even if he doesn't pay rent, isn't on the lease/mortgage he is still a "tenant/resident" and the laws governing eviction still apply to him, and most importantly to YOU, as the "landlord". Unless he agrees to leave on his own, you must follow the law when kicking him out. In the eyes of the law he has as much right to enter the property as you do. If you force him to leave, and don't do it the right way, it can come back to hurt you in the long run. Everything you need to know about kicking him out can be found here. Hopefully you can convince him to leave on his own.
I'm not sure if you actually meant that LEOs decide what the punishment will be, or what level the charges will be filed at. The District Attorney actually determines what category the charge will be filed at, if at all. We just check the box (infraction/misdemeanor/felony) based on the Penal Code prescribed category. You're lucky he even got a citation for the possession of Marijuana. Some counties (mine for example) won't even file misdemeanor possession. Technically it's the legislature "rewarding these kids by treating it as an infraction".Comment
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Hey. You're linking what I originally linked on page 1 for the original poster.
I'm not a lawyer, but I'd still say Friar Tuck can kick out his almost 21-year-old son anytime he wants to (at least, as long as his wife also consents). Because under California law, the son does not qualify as a lodger. Because a lodger = tenant = someone who pays rent. Instead an adult child, living rent-free in his parent's (mortgaged or owned outright) home is considered a "gratuitous guest" who can be locked out of the house, with his possessions in bags left out on the lawn, without any legal notice. (See explanation for "gratuitous guest" at this Solano County site.)
And Friar Tuck, if you haven't done so already, talk to your son, man-to-man, maybe while doing something you two used to love doing together. Most people don't lose heart over something they excelled at unless they suffered some kind of disappointment. If your son is using marijuana to tune out of life, he's in denial over something. Show him you care by waking him up. Then continue the caring by tossing him out.
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"Let those find fault whose wit's so very small,
They've need to show that they can think at all;
Errors, like straws, upon the surface flow;
He who would search for pearls, must dive below." -- John DrydenComment
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Paperpusher proper notice is in fact defined as posting on one's door, look up reference called "Nailing and Mailing".
There is no such thing as a grace period on paying rent unless the tenant/landlord agree on such claim.Comment
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Wow, that was poor form on my part. I read the whole thread and never saw your link.
I disagree that the son is a "gratuitous guest". The word temporary in the definition is my sticking point. If you invite your wife's brother to stay for a few days, he is a "gratuitous guest". An adult child who has lived in the household, while maybe not contributing, is not temporary.Comment
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I called the San Joaquin Sherriff, and they said exactly that, an adult child, not paying rent is a "gratuitous guest" and can be removed at will. So that settles it, we can kick out non rent paying adult offspring at will! (whatta world we live in now) Thanks for the tips and helping to clear this up for me.Hey. You're linking what I originally linked on page 1 for the original poster.
I'm not a lawyer, but I'd still say Friar Tuck can kick out his almost 21-year-old son anytime he wants to (at least, as long as his wife also consents). Because under California law, the son does not qualify as a lodger. Because a lodger = tenant = someone who pays rent. Instead an adult child, living rent-free in his parent's (mortgaged or owned outright) home is considered a "gratuitous guest" who can be locked out of the house, with his possessions in bags left out on the lawn, without any legal notice. (See explanation for "gratuitous guest" at this Solano County site.)
And Friar Tuck, if you haven't done so already, talk to your son, man-to-man, maybe while doing something you two used to love doing together. Most people don't lose heart over something they excelled at unless they suffered some kind of disappointment. If your son is using marijuana to tune out of life, he's in denial over something. Show him you care by waking him up. Then continue the caring by tossing him out.
Earlier I may have come across as blaming the police for not doing anything about the pot posession, that was not my intent. I was wrong. I realize it's not part of your A.O. to decide the punishment for marijuana posession. It's just frustrating that it has become so prevalent. BTW, If you dont have teenage kids now, you might not be aware how incredibly widespread MJ use/abuse is.Comment
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Since you have been there over a year 60 notice is required. Here is good summary of California Rental laws from the department of consumer affairs.
"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." B.Franklin,1759Comment
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