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Updated over 9 years ago,
Incarcerated LODGER
What are the obligations of a California SFH family of owners who rent the attic (which is one big finished bedroom with private bath) out to a single man who went missing the 2nd of the current month we now find out he was pulled out of his rental car and extradited from California to New York on a warrant out for his arrest for a DUI accident that happened 2 years ago.
Details of the accident not that have a keen interest but for what its worth will share his story: victim, a retired man, who sustained a brain injury 2 yrs ago from that incident, has apparently taken the turn for the worst and decided to press new charges for new medical costs and decline in mobility/quality of life, stress, anxiety etc for the accident 2 yrs ago which insurance paid out but victim wants the settlement amount (175k) a second time over?
Obviously we have been in touch with our lodger who filled us in on the scoop but I was surprised to find very little info on incarcerated California lodgers, does NoLo address this and in either case what are the obligations of the owner(s) who rented to the lodger who is now incarcerated indefinitely as far as security deposit, notification of repossession of rented premises, and the handling of personal belongings?
Lodger has verbally agreed to surrender premises (mailed back keys from jail) and but stated since has no living family members available, requested his security deposit back and month to month storage of personal property (passport, social security card, US Army Veteran Honorable Discharge paper, about 5 suitcases of clothing and a couple milkcrate size boxes of misc personal belongings, that's it). Am not sure how much to charge him for packing and then monthly storage but would like to help out rather than be cold as was the perfect lodger except his DUI past coming back to haunt him.
Also renter has asked if his girlfriend can pickup his security deposit after deducting for cleaning and packing, or any of his personal items. I did tell him until I find out more info, to send me a letter from jail with his signature asking what he wants me to do with his personal property and any security balance left after cleaning and packing and moving his stuff out 'for him' given the situation. Girlfriend offered to help store some of the stuff but she said she has limited space as she still lives with her parents and besides I feel I at least need something in writing before I just let his girlfriend ATM come and carry stuff away.