Cleaning and Repairs: Tenant Causing Property Damage and Not Admitting to It

mardi 2 septembre 2014

My question involves landlord-tenant law in the State of: California



Hello, my case is somewhat unique and I haven't been able to find a direct answer.

I live in a 2 bedroom condo bought and owned by my parents. I've been renting out the second bedroom while living in my own, without an "official" contract/lease. The contract I had the tenant sign was (later to be realized) the wrong date and year. So technically speaking the tenant signed an expired contract. The rent is a flat amount that covers utilities. He pays in cash, but keeps a signature sheet of paid rent.



I've lived at this condo for over 5 years and never seen so much damage until this roommate moved in. He refuses to clean the area, so I do the cleaning. There is gunky mold build up in the bathroom sink after a few weeks of me cleaning it. The bathtub gets dirty relatively quickly. He pees outside of the toilet. There is similar looking mold build up in the kitchen sink. He over-packed the freezer and now there is condensation in the fridge. He kicks dropped food under the cabinets, the list goes on.



However recently he locked himself out of his room and said he didn't have money to pay for a locksmith. Instead, he went through my tools and pried open the door causing extensive damage to the door and paint.



Am I allowed to take money out of his security deposit for the door damages? What about the rest of the "damages" to the condo that requires my constant attention to fix it?



Given the contract status, am I allowed to kick him out or evict him?



Thank you all for your expertise and time!





Cleaning and Repairs: Tenant Causing Property Damage and Not Admitting to It

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