CAREFUL WHO YOU ROOM WITH!

My nephew, Matt, asked me, "Cruzy, my Criminology teacher told me that my Mom can't kick me out of the house if she ever gets mad at me...is that true?"

I was a little astonished, "We use to do it all the time whenever they called us."

Matt: "Yeah according to him, if they receive mail at that residence then they would need to be serve papers like a regular tenant, in fact, if they get kicked out their constitutional rights would be violated."

I laughed at his remark because I couldn't even count the times that I, during my patrol days, have responded to calls where the owner(s) have asked the Police to remove someone from their residence, who were living there.  Usually, the un-wanted subject would give very little resistance and actually volunteer to leave the premises, but I started to wonder...is he right?

"Shit..I don't care...I'll throw his ass out anyway!" said Matt's Mother, Mari.  (Yes..she's my sister too)

So I decided to do a little research on this topic and I was surprised what I found out.

According to several resources-In the State of California, anyone living at the residence for 30 days or more (with or without a lease agreement), receive mail at that particular address, any exchange of money or a verbal agreement of receiving rent money is considered to be a legal tenant and must be provided with a formal written notification of the legal due process of eviction.  It is best to seek counseling from a Landlord and Tenant Attorney, which would most likely result following the more expensive route and conduct the proper eviction process, so don't go changing the door locks once your roomie leaves the house or else you might run into some constitutional violation issues.

Actions you may want to consider if the following events occur or you want someone to leave your residence:
1.  If you fear for your safety or the safety of the other person(s) living at your residence because of the un-wanted subject, call the Police immediately and obtain a Restraining Order.
2.  If the un-wanted subject(s) commits any acts of domestic violence against the other tenant, may it be a spouse, girlfriend or any other person, call the Police immediately.
3.  If the tenant fails to pay rent (if it was agreed upon) then you must follow the eviction process.
4.  Substantially interferes with the comfortable living standards of the other tenants.  (Eviction process)
5.  Matierailly damage any section of the rental property. (Eviction process)
6.  Used the rental property for any un-lawful purposes.  (Call the Police immediately and commence the Eviction process)
7.  Committed unlawful conduct involving weapons or ammunition.  (Call the Police immediately and commence the Eviction process)
8.  Violated the provisions of the lease or sub-lease.  (Commence Eviction process)
* You might just try to ask the other party to leave, you never know, that person(s) might feel un-wanted and leave voluntarily.  (Just don't go begging for them to come back later or else you're just acting ridiculous!)  
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