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Can I evict bipolar tenant for threatening behavior?
Anonymous2 views4 answers
I have a bipolar renter who goes off on me several times a week. He gets in my face and starts yelling and acting violent. He's broken into my room out of control. The police said there's no crime breaking into my room, because he lives here too. My room is private property and not part of the rental. I have been in fear for my life several times. He's leaving in 30 days, but is there's a faster way to remove him. Every day I feel threatened and my life is in danger. I won't make it 30 days but have no where else to go. I tried calling the police, but he dopes up on meds and waits for them outside and talks to them first. At this point they don't want to hear anything I say. I also wanted to know, if his medical records can be subpoenaed for an unlawful detainer action? Thanks
Yes, you can evict. However, the eviction process (called unlawful detainer) will probably take longer than 30 days if you are in Los Angeles County. You state he is leaving in 30 days. There is no faster way using the court system.
No, you cannot subpoena medical records in an unlawful detainer action.
As Frank stated, the 30 days will be about as fast as you can hope for. His behavior is interfering with your use and enjoyment of your property, so you can serve him with a 3-day notice to perform covenant or quit. This will sometimes be enough to make people control their behavior, but it can also inflame and anger others. Although the police were not responsive to your needs, don't hesitate to call again if you feel threatened.
Are you the owner of the property and renting rooms in your home? If so, the problem tenant could be classified as a lodger.
A lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house. Most lodgers have the same rights as tenants.
However, in the case of a single lodger in a house where there are no other lodgers and the owner of the property also resides there, the owner can evict the lodge without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner’s house and may be removed as a trespasser.
This would be the quickest method of removing the tenant. If not you will have to go through formal unlawful detainer proceedings.
To be safe, you should serve the tenant with a 30 day notice to quit, if the tenant has been living there for less than a year. Often times the tenants don't leave when they say and you will have wasted 30 days.
