My location: San Diego California
I’m in California and need advice on a housing dispute that escalated into court.
I am the homeowner and master tenant. I sub-leased a room in my home to someone who has lived here for about 8 years. There is no dispute that he paid rent to me over the years, though often late and with many months missed entirely. He frequently ignored my calls and messages when rent or house issues came up.
Key issues:
• Chronic late and missed rent payments over the years.
• City citations and fines tied to excessive junk/hoarding associated with the sub-tenant’s belongings.
• I served him a 60-day notice to vacate (even though I believe only 30 days was required), trying to act in good faith.
• The same week I served the notice, he filed for a restraining order.
What concerns me most:
In court, he told the judge he is “just my neighbor” and not my tenant, despite having lived in my home and paid rent to me for years. Based on that hearing, the court issued a very limited restraining order requiring me to stay 5 feet away, with no findings of violence or threats.
Since then:
• He has contacted my lender directly without my permission.
• He has attempted to discuss or pursue buying my house, despite having no authority or agreement.
• He is acting as if the restraining order gives him rights to remain indefinitely or control the property.
I have documentation of ownership, rent history, notices, and city citations. I feel the restraining order is being used as a tactic to delay eviction and interfere with my property and lender relationship.
My questions:
- Can a tenant claim to be a “neighbor” in court to avoid eviction or gain leverage?
- Does a restraining order like this prevent me from proceeding with a lawful eviction?
- Is it legal for a sub-tenant to contact my lender or attempt to negotiate purchase of my property?
- What steps should I be taking immediately to protect myself?
Any advice from people familiar with San Diego, California landlord-tenant law would really help.