Santa Cruz, CA asked in Real Estate Law and Landlord - Tenant for California

Q: My daughter lives in Oakland with 3 other roommates.One if the roommates is seriously disturbed and causing problems

They bring strangers to the house and make a lot of noise.

They left a gate open which let one tenant;s service dog into their room and the dog ingested "magic" mushrooms which killed the dog.

They are saying that they are allowed 60 days before they leave. This person is intimidating and I don't feel it is safe for this person to be in the house.

What can be done?

1 Lawyer Answer
Joshua D. Brysk
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  • Landlord Tenant Lawyer
  • Pleasanton, CA
  • Licensed in California

A: If the person is a danger to themselves or others, call the police and ask for a 5150 assessment. A restraining order cannot be used to evict an unrelated co-tenant. 60 days seems to refer to a notice to vacate, but currently evictions in Alameda County are only allowed in very limited circumstances. Above all else, if it is unsafe, then leave--self-preservation is better than trying to collect wrongful death damages.

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