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T*******7
发帖数: 33 | 1 我的2b condo。 出租一个房间给roommate另一间自己住。我给了30 day notice, due
on 15th. 现在情况是房客不交这半个月的房租。 她说我有deposit. 但合约 并没有
说deposit可以 cover last month rent. 3 days to pay or quit 我也给她了。
加州法律 有一下规定。可以不用file eviction with court.但我的问题是，#2. the
owner must retain a right of Access to all areas of the dwelling and have
overall control of the dwelling unit; 这个怎么证明？ 合约里并没有类似字样
。 合约就几行， 很简单，手写的，我也只有照片。 现在还有两天我就要赶走她了，
可她一点不急， 也不找房子， 我不知道我是不是漏掉了什么。 不想赶走她惹来更大
的麻烦。
Owner Occupied Dwelling – Single Lodger
When specific conditions exist, the landlord can avoid bringing an Action
for Unlawful Detaineragainst an occupant. Civil Code section 1946.5 became
law in 1987 to assist the landlord in removing a lodger who resides with the
owner of the dwelling unit. However, for this Statute to apply, all of the
following conditions must exist:
1. the dwelling unit must also be occupied by the owner;
2. the owner must retain a right of Access to all areas of the dwelling and
have overall control of the dwelling unit;
3. only one lodger residing in the unit. If there is more than one lodger,
even a mother and child, the usual Unlawful Detainer Process must be
followed; and
4. the lodger must have contracted either for room, or room and board.
If all of the above conditions apply, Civil Code 1946.5 prescribes an
expedited procedure to bring about the removal of the lodger. Either the
landlord or lodger may terminate tenancy by serving written Notice of
termination in the manner provided in CCP 1162 for the required term of
Noticeprescribed in Civil Code 1946 and 1946.1.
At the expiration of the required Notice period, the landlord is not
required to File an Action for Unlawful Detainer against the lodger. If the
lodger remains on the property, he/she can then be ordered to leave, and
upon his refusal to do so, a private person's Arrest can be made for
violation of Penal Code section 602.3 (an infraction).
The private person's Arrest is the real key to the enforcement. The
responding officer is not required to ensure that the owner has met all the
particulars of the codes. That is the responsibility of the owner who bears
the whole liability for the Arrest and facts supporting the arrest. After
lawfully receiving the arrestee, the officer may cite release under Penal
Code 853.5. The requirement for release upon a written promise to appear
does not preclude the assisting peace officer from removing the Person from
the dwelling unit.
In summary, if the situation involves a single lodger in an owner occupied
dwelling the owner can make a private Person Arrest for PC 602.3 in lieu of
proceeding through the eviction process. | c**d
发帖数: 3888 | |
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