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CA home owner/resident - tenant won't leave - need help!
Greetings;
I have a single tenant in my home - who has become a nightmare! I follow the legal aspects of this to the letter (via Nolo press: CA Landlord's Law Book; But it's still not as thorough as I need.) Tenant has signed month-to-month and has been here only 3 months.
The tenant was given a 30-day notice (no rent control here), and was supposed to be out Sat - Feb 23. He has not left. I have provided many reminders via text msg and email - all of which he has acknowledged. Also, he did not acknowledge/sign: right to moveout inspection notice.
As the owner residing in the home, the tenant is considered a 'lodger' per CA law (my month-to-month explicitly retains my access to all parts of the house). technically, I can walk down to the Sheriff's office - rental agreement and 30-day notice in hand and have him evicted on the spot for tresspass. Which actually wouldn't help - as he has not slept here since the 14th. (He also has not paid final rent for 10 days which was due on the 14th; he asked me to deduct from deposit - I did not reply).
What I want to know is:
1) can I / should I collect all of my belongings from his room before he returns. I had loaned him some household items, and he has several dishes in his room.
2) He has stated in email and text msg that he plans on removing his things on Monday 2/25. I have no reason to trust him. If he does not show up - can I change the locks and post a notice on the door about how to reach me (if I'm not home) to retrieve his things. I would only do this after checking in w/ Sheriff's dept and soliciting aid in eviction as trespass (etc).
He has indicated in email that he "looks forward to . . " my eviction process! Basically a challenge. Though I politely told him there is "no eviction process" - except for me going to the Sheriff's office.
3) Do I have to present him with 'property abandonment' forms etc if he doesn't show tomorrow (don't know how to find him but . . . ) ? Should I just wait - hoping I can change the locks - until he comes to retrieve his crap!
thanks for your help!
Kelly