QUESTION
Can I now have him leave if respecting other belonging and privacy is a rule on the lease?
Asked on Aug 10th, 2016 on Landlord and Tenant Law - California
More details to this question:
While coming home one day, I saw what looked like someone exiting my room. It had to be my roommate, I thought, but wasn't sure. Later, I hear his laptop reviving as in downloading a large file. I just happen to look over and see my USB drive in his laptop. At first, I thought that can't be mine. I went upstairs and it was gone. I have personal info on that. I looked around thinking I may have put it away. Two days later, it was on my dresser. It was bugging me so I asked him. I told him strictly facts that I knew and was not accusing anyone. He said yes it was him and he had to barrow it to save his dissertation before it got lost. He said that he didn't see anything or download anything that was on there. I don't believe that. The sound I heard was 16g being downloaded onto his laptop. Does it have to happen right then and there too? This happened two weeks ago. I don't trust him anymore and he now has an attitude. Do I have to give him 30 days and can I sue? I feel violated, embarrassed and ashamed.
2 ANSWERS
You do not tell us what the rental relationship is. If he is renting from you you can give him a 30 day notice and then sue for eviction if he does not move. You might also be able to give a three day notice for the trespass and theft of the zip drive, but that would be hard to prove. If you both are under the main/master lease, you have no power to evict him. What he told you sound false; you do not lose data while the computer is on and if you save it even when the computer is turned off. It probably is not worth the cost of having any expert find out if he downloaded anything, but why not ask him to see what his files are for the dates he had the zip drive.
Answered on Sep 08th, 2016 at 7:03 AM
Borrowing private property is rude, but not a crime if it is returned. You have no damages on which to base a civil suit. If you are the landlord and the tenancy is month to month you can always give a Notice of Termination of Tenancy. If the person has been there more than a year it needs to be a 60 day notice not 30 days.
Answered on Sep 07th, 2016 at 6:37 PM