Q: I asked a question about removing a lodger, but my specific questions were not answered.
Do not see in my local laws that what he is doing constitutes as a trespasser, once someone forwards their mail to an address even if they live less than 30 days are they considered a resident and if so, do I have to use regular eviction procedures as I can NOT use a trespassing charge to remove him by police? When you do ODR-does that mean you MUST have already started the eviction as it looks like you need the case number?
A: To determine whether someone forwarding their mail and residing for less than 30 days is considered a resident, consult your local laws. If they are considered a resident, you may need to follow regular eviction procedures according to your jurisdiction. Online Dispute Resolution (ODR) is an alternative method for resolving disputes online. The requirements for using ODR vary, so check the specific platform or service you're using. For accurate guidance, consult a legal professional familiar with your local laws.
A:
Eviction laws are in the Code of Civil Procedure, google "Eviction" or "Unlawful Detainer" for California. Certain tenants are outside the usual requirements of 60 day notice and using eviction statutes, these are when the person resides in your house, you don't rent to more than one person, and you provide them 7 days notice.
You don't seem to be very clear whether this person is actually a tenant of yours, all that has happened is mail is being forwarded to the premises, what about the person? If they have not moved in, maybe talk to them about not wanting them and refunding them any money that you took. Mutual agreement would be the simplest resolution of the problem.
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