Landlord Question and Answer Forum

I served my tenant (roommate in my home) a 3 day notice to pay rent or quit. On the 4th day a truck pulled up (and I thanked the sky) and she moved most of her stuff out. She made 2 trips and worked into the night. As of that day she has been sleeping somewhere else. However, she has not returned the keys, garage door opener etc and has left some furniture in the 2nd bedroom. I have not inspected the other bedroom yet. On the 5th day she removed her bird and dog. I sent her an email on the 6th day asking what her plans were, no response. I am afraid that since she is mostly out, that she won't act in haste to remove the rest of her items. When can I say she is moved out and when can I change the locks on my door and start small claims proceedings? Sacramento, CA

I believe in California, even with a roomate, you still must go through court eviction proceedings. First issue a 3 Day Notice. I would send this return receipt requested to her current address, as well as regular mail. If you do not know what that is then send it to her last known address. Once you go through the court proceedings (she probably will not even show)- and you are awarded possession, then you can most likely change the locks. Be careful about changing them before then.

Posted by Denise S, PA on Tuesday, December 23, 2008

Okay, I did give her the 3 day notice per the advice of legal aide at the court house. I will contact the courts and see what their holiday schedule is. It just pisses me off that I have to pay the $200 court filing fee for the eviction, and $100 to change the locks, when she already owes me $650 for December rent and she damaged the property etc. The only thing worse than a vacancy is a bad tenant...... Thanks for your advise.

Posted by Ada E, CA on Tuesday, December 23, 2008