Well, there are coyotes that visit right on the other side of our glass wall. We live adjacent to a 90 mile state park. There are coyotes, owls and hawks roaming around. Trust me. I've thought of that already. Man I wish a hawk would scoop the mutt up right now!
Need to vent/ask opnion/advice on new renter in my house
by bluesapphire 107 Replies latest jw friends
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tec
Didn't you say that you had a month to month lease? Does California law state that you have to have a reason to give her 30 days notice?
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AGuest
I would like to first address dear PEC's (peace to you!) contribution, if I may, dear Blue (peace to you, as well). Thank you!
Okay, she's a lodger (vs. a tenant); however, you still cannot just lock her out (unless there is a safety, hazard, or true nuisance issue) but must still give her a 30 days notice to vacate. Then, you can change the locks to your home. If she enters even the premises after that, she is trespassing.
However, you CANNOT dispose of her belongings (unless they are worth less than $300), or simply sit them outside for anyone to come along and take (no matter what they're worth). You have to inventory and store them, give her notice and time to retrieve them (15-18 days, depending on whether you give notice personally or by mail). THEN you can dispose of them (unless they are worth more than $300, in which case you must auction them; you can use the auction proceeds, however, to offset any unpaid rent, deposit, cleaning, damage, storage, and auction advertising costs).
You ask whether you can change the pet policy to no pets. Since the tenancy is month to month you can. But you must give her 30 days notice to do so. However, a court might frown on that unless you can show valid reason for changing that agreement (since you agreed to it in the first place). So, you would want to base such termination on her violations of the pet policy. To help with that, as well as to help keep your yard, etc., clean during this 30-Day period, you might want to give her a formal "3-Day Notice to Perform or Quit". In it, you would state that she either needs to adhere to the terms of the pet agreement... or move on the 4th day. With THAT notice, you can also begin termination of her tenancy via a UD action ON the 4th day... if nothing changes and you want her out sooner than the 30 days.
You could run that Notice (3-Day Perform) just in case she doesn't take care of the poor dog... ALONG WITH a 30-Day Notice of Termination that would squelch the whole tenancy at the end of 30 days, if you want both her AND the dog out. Since you say your husband may not want her to move out, you have to decide whether you just want the dog gone, or both her and the dog.
If just the dog, give her a 3-Day Perform, along with a 30-Day Notice to Terminate Pet Agreement.
If both, give her a 3-Day Perform, along with a 30-Day Notice to Terminate Tenancy.
That way, you will be able to show the court (should you have to; you shouldn't, but you might - she might decide to sue you for her moving costs, relocation of the dog, etc.) that you gave her an opportunity to fix the problem and she didn't. If she does clean up after the dog, then you're all the better for it until he... or he and she... goes.
Again, I hope this helps.
Your servant and a slave of Christ,
SA
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AGuest
Maybe the dog, could... accidently... on purpose.... run away, escape from your yard?
Ummm... that's a lawsuit waiting to happen, dear BP, so I would NOT suggest that, at all! It would be no different that dear Blue taking a key... or can of paint... to the lady's car. Or giving the poor dog poison. This is NOT his fault, but his owner's. Besides, he very well could get eaten... or hit by a car (which might traumatize someone else!).
Do you really wish that on a poor helpless animal because some idjit wanted an "accessory"? I sincerely hope not.
Again, peace to you!
A slave of Christ,
SA
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bluesapphire
OK. Thank you Aguest. What I am understanding you to say is that I should give her a 3 day notice to perform or quit. IOW, I should include a copy of the lease which she signed and highlight the pet policy and her signature on that sign. On that notice I am also going to include a record of each and every conversation we have had regarding the dog.
She is probably going to say she is leaving. The sooner the better. It's not like I can't find another renter. I just don't want a legal issue. I was only kidding about the coyotes, etc.
You used the word "accessory" and it's weird but I don't know if that's what the dog is to her. She has a lot of problems and was molested as a child by her own dad. She sleeps with the dog and it comforts her. She is 28 but pretty much a child. She cannot handle even the slightest problems in life. So I don't think it's really an "accessory". But she is very irresponsible and doesn't even GET IT. To her I'm making a big deal out of nothing. "What's the problem? You said the dog can't pee in your house and he's not????"
She has been living here since 9/17 and still has not even unpacked her room. Everything is still in shambles. Wherever it landed on that first day is still where it is. She can't handle it so she leaves the house and is gone all day doing who knows what? As a "lodger" I'm allowed into her room. I don't go in there for no reason. She leaves her A/C on and light on all day while she's not here. So I go in and turn it off. She doesn't have a job. I don't see her EVER getting a job. No one would hire her. And if they did they would fire her.
So this is the reason I have been so nice to her. She's a victim. But she's not my problem. And I let her into my house because I needed a renter and my husband said it was better to get someone we knew, than someone we get from Craigslist.
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AGuest
She has a lot of problems and was molested as a child by her own dad. She sleeps with the dog and it comforts her.
Okay, well, now you might have a [huge] problem, dear Blue (peace to you!). I said might as, hopefully, she (or an attorney) will never see this forum and/or what you've just posted. Let me explain: under the Fair Housing Act there is a thing called "reasonable accommodation" wherein a renter may request a change to the policies and procedures to "accommodate" a disability... if such request is "reasonable." This request can only be made by someone who is "disabled"... either physically OR mentally... and, given your statement above and description of her and her room... she may well be considered disabled.
Now, someone might say, "Yes, but she needs to have a doctor verify her disability." That's not actually accurate. A disability MAY need a doctor's verification... IF it isn't obvious. However, if it IS obvious... OR... if you have some reason to BELIEVE it exists... it may not. And your comments here (which any attorney would have advised you NOT to put in writing and certainly not publicly!)... indicate that you have such a belief.
True, she may not have made such a request herself (which does NOT have to be in writing) but, unfortunately, the way the Act works is that if a Landlord is AWARE... even without a request or writing... that there may need to BE an accommodation... which you have just now indicated you DO know, here... the Landlord is OBLIGATED to provide it, indeed, to ASK IF IT IS NEEDED... and OFFER it.
And... a "companion" animal... one that is needed for emotional support... or "comfort" as you have indicated here... falls into the category of "accommodation." So, it might be easier for you to get her out for non-payment of rent... than for her dog (should she put up a fight).
This is one of the very reasons that SO many landlords are being sued today under the Fair Housing Act: they don't understand the Act, they don't understand "reasonable accommodation," and they don't understand that "discrimination" includes WAY more than race... but also religion, gender, age, familial status, national origin, ethnicity, sexual orientation, source of income... and most certainly, disability. Today in California discrimination on the basis of race is fairly rare; however, the NUMBER ONE basis for discrimination is... you guessed it... DISABILITY... while the number 2 is "Familial Status" (people who don't want to rent to households with kids).
If I were not the Director of Fair Housing for the county in which I work... I would tell you to proceed as you've stated here. Given what you've told me now about the dog... and your lodger's possible emotional needs... I would say you need to get an attorney to help you handle this. Truly.
Because while it is true that as a lodger you can simply give her a 30-day Notice to Terminate... and she and her dog must leave... she can turn around and sue YOU... for discrimimation (on the basis of disability) because your REASON what her "companion" animal.
Get an attorney.
Or, alternatively, leave the situation as is, give her time to train the dog (say, 30 days)... learn to live with it during that time (if you can)... and then go from there.
Again, peace to you!
A slave of Christ,
SA
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OUTLAW
OUTLAWS Idea to get rid of Church Lady..
When she goes out..Toss the Mutt into a pot,with Veggies and Beef broth..
Let it simmer to bring out the flavour..
When she comes home give her a nice bowl of Mutt Noodle Soup..Let her finish it,before you tell her the Ingredients..
I guarantee she will be out within the week..
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...OUTLAW -
JeffT
That loud noise you just heard was my head slamming into my desk. I started reading your last post and thought "oh &^%$). Pay very close attention to what Shelby said, you're walking into a mine field. As an example, a couple of employeres back, one of our tenants filed a complaint against my employer (the owner of the building), the VA, and the local housing authority. He said he was disabled under ADA and we all needed to make an accoomodation of his needs. His disability: he was a racist and needed to live in a building with no black people. On advice of our attorney we gave him $1000 to move some place else (we also had to pay the lawyer a little bit to tell us this). I don't know what the government agencies did with him, the complaint was still open when he moved out of our building.
I highly advise talking to a lawyer.
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bluesapphire
HOLY SHIT. Can someone delete my post??? I highly doubt she would ever read this as she knows nothing of my past religious affiliation, nor would anyone guess my real name from my handle. But STILL!!!
DAMNIT!!! I have no money for an attorney. This freaking dog is a nightmare. She lied when she brought it. What I posted above is MY OPINION of her after living with her for a few weeks.
Anyway, she has the dog in the cage and is not home. So at least she took care of that. And last night, late at night, I heard her hosing down the patio since the dog got loose from the cage yesterday. This morning she told me it got loose and she fixed it.
We just got home and noticed it's still in there. So maybe things will be okay now.
This "disability" thing is really scarry though. I don't feel I'm discriminating because of it. Simply, she didn't abide by the pet policy for all these weeks and she didn't pay. Now she is paid up.
Another thing I can think of is telling her my daughters want to move back home and give her plenty of notice. I'll play that card if I have to. My daughters might actually want to move back home, anyway.
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bluesapphire
Also, I am being reasonable. I didn't tell her she couldn't keep the dog. I gave her reasonable expectations that anyone would expect when renting a room or a house or anything for that matter. Even dogs and other animals don't live where they shit!!!
I don't want to live where her dog shits. And I don't want her dog to shit where I live. I'm not being unreasonable. And I'm not discriminating. She lied and said it was trained. Even a "seeing eye dog" which is let into an apartment would have to abide by the pet policies and not crap all over the place where the owner let it.
That's all I'm asking her to do. And pay her rent on time every month.
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