Help w/ Eviction on room share - Posted by Jason

Posted by Nate(DC) on August 22, 2003 at 11:10:18:

Just because there’s no lease doesn’t mean they’re not a tenant, and if they’re a tenant, they have rights.

Without reading your documents, and California law, I couldn’t tell you for sure, but it doesn’t sound too farfetched to me.


Help w/ Eviction on room share - Posted by Jason

Posted by Jason on August 22, 2003 at 01:36:05:

Bottom line:

A “month to month at will” tenant of mine was put in jail for 3 weeks for possession of a controlled substance. He has a history of drug problems. I told my other tenants (that share the same SFH) to not allow this looser back in the proprity as he had abandoned it and due to illegal activity his tenancy is ceased.

To my amazement, the local police department here in Fresno CA required me to allow him to stay - as “he has mail here`- has established residency… you can file eviction tomorrow if you want.” I stated that as his criminal activity is unacceptable and that hi is not to be allowed into the residence. The officer stated that I had to let him in.

I am red-hot of this and have the officers card and will follow up - but what advice do you have for me here-any feedbaqck is welcome. I am going to use this as a learning process…

I don’t think I will be doing anymore room share’s in the future. Also, this was a month to month at will agreement - not a lease.

Was the officer justified? If so then I am ashamed of our system.


Re: Help w/ Eviction on room share - Posted by michaela-ATL

Posted by michaela-ATL on August 24, 2003 at 09:28:05:

Years ago I had a roommate, that attacked me when he was drunk. I called the cops, of course. They and a lawyer informed me, that I couldn’t get him out of the house without the official eviction.


Re: Help w/ Eviction on room share - Posted by Brent_IL

Posted by Brent_IL on August 22, 2003 at 18:56:44:

What if he was in jail awaiting trial because he couldn’t get the money to get bailed out, and was subsequently acquitted? There’s little doubt the officer was justified.