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Updated over 7 years ago on . Most recent reply

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Mike White
  • Modesto, CA
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needs some addvice In California

Mike White
  • Modesto, CA
Posted

I own my house and Iet my sister stay with me tell her son got out of jail in 8 month. This was a Verbal agreement now he is out and she will not go. If I file a unlawful detainer and we go to court and she claims that i turned the water off on her and locked her out of the laundry room so she had to get a motel room will I have to pay her up to $100 a day ? I live in California

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Kyle J.
  • Rental Property Investor
  • Northern, CA
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Kyle J.
  • Rental Property Investor
  • Northern, CA
Replied

First, don't turn the water off or do anything else (i.e. change the locks, shut off electricity, etc) that could be considered a self-help eviction.  That's not allowed. 

Second, if the person actually lives in the house that you (the owner) also reside in AND is the only other person like that in the home, then you don't have to go through the normal unlawful detainer process that you would for a traditional tenant (assuming the property is in California where you're located).  Research the "California Lodger Law".  

There's more info on it here: http://www.dca.ca.gov/publications/landlordbook/whois.shtml (scroll down to the part about "Single lodger in a private residence").

As always, consult a local landlord-tenant attorney if you're not sure. 

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