Hello, I have a tenant who rents out a room in my house. He has been involuntarily admitted to a local mental hospital twice because he is a threat to others (5150) this week. He just got out 3 days ago from his first 5150. Last night, I went and checked upon him. He became very violent threatening to hit and kill me. He pulled out a gun (police later found out it was a fake) and pointed it at me while threatening to kill me and my family. I manage to deescalate the situation and called the cops. They booked him and took him to the hospital for another 5150. I have the whole thing recorded on my phone and sent everything to the police officer.
I have pressed the criminal threat against him. I am also looking to evict him from my house. I also heard it may be faster to get a restraining order and get an immediate move out order from the court.
Here are my questions
1. I have never filed a criminal charge against someone before. What happens after I press my charges?
2. I will be calling the courthouse first thing Monday to try and get an eviction/restraining order. But, I will like to get some more information before doing so. How long will it take to get this through the system, and which one would you guys suggest I choose?
I live in Southern California.
He also owes me rent for the month of October if that helps at all.
@Kevin Huang this is pretty much beyond the scope of advice from an online forum. I would sit down with an attorney ASAP get a restraining order against this looney!
During your screening process was this person sane and fully qualified? Was there any sign that you should not proceed with him as a tenant?
I would file for a restraining order first thing Monday and contact an attorney to get state specific advice. While self help evictions are generally a no go this is one time I'd change the locks and ensure he didn't get back in and if it came to it legal consequences can be argued later. Let him know you will let October rent go and give him his security deposit back but under no circumstances can he stay. I would also be prepared that when he tries to come back there will most likely be a confrontation, make sure to video it as he will most likely threaten you again. Don't forget that this is a scenario where he is certainly unstable and seconds will count when the police will be minutes away, I suggest having a way to protect yourself and your family if you don't already. Good luck and stay safe.
Talk to the police as they might have a better idea, but I'd definitely get a restraining order immediately. He can then have someone else come and collect his belongings...and you can change your locks. rules are a bit different if you are renting a room in your house.