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Ugh! I need to evict my tenant

34K views 392 replies 96 participants last post by  copperkid3  
#1 · (Edited)
Our house in the burbs has a mother-in-law apartment. About a year and a half ago, I rented the apartment to a friend of my son. A young woman he had met through work.

She is a nice enough young woman, and it is nice to have someone bring in the mail when we spend a lot of time at our ranch. Anyway, she was only going to be here a few months. It is a month to month rental, and I charge her only a fraction of fair market rates. We are doing this as a favor to her. The plan was that after she moved out, we could fix up. Repaint, and rent the apartment for what it is worth. Ths would nearly cover our mortgage. But the few months she was supposed to be there have stretched to over a year. Her job has decreased her hours tremendously.

Last week she mentioned that she might want to get a roommate, and he would pay rent too. I said that he couldn't move in until Hubby and I had met him, had him fill out an application, give us references, give me time to check him out, etc. But she moved him in. I saw a guy with dreadlocks down to his butt, and a metal ring in his nose coming and going, and confronted her. Yes, she said she was allowing him to live with her. So I talked to him. No money for rent. No references. No names or phone numbers of previous landlords for me to verify payment history. He says he is 30 years old, and has only ever lived with his parents until recently when he left his home in New York, and decided to live in California. No job, no plans, no assets.

So she moved him into our apartment without knowing anything about him, against our express wishes. So not only are we evicting him, we will be evicting her too.

We have a PrePaidLegal membership. Tomorrow I'll call to make sure I'm doing the eviction right. Dotting every I. Crossing every t.

This isn't the first time she went against our wishes. She brought home a chihuahua after being told she couldn't have pets. I caved in then. And came to regret it. Her philosophy is that it is better to ask forgiveness than it is to ask permission. But in both of these cases, permission had already been denied.

Hopefully this will be a learning experience for her. I know it sure has been for me!
 
#5 ·
I think I would say that we decided we are going to remodel our home and would like to start ASAP "but we will give you one month to find a new place" and make sure you have a move out date. And then, if she hasn't moved out (and her friend), I would start going in to start the "remodel" job. Of course, I'm not sure if this is legal. Anyway, good luck! And sorry you have to go through this!
 
#7 ·
I think I would say that we decided we are going to remodel our home and would like to start ASAP "but we will give you one month to find a new place" and make sure you have a move out date. And then, if she hasn't moved out (and her friend), I would start going in to start the "remodel" job. Of course, I'm not sure if this is legal. Anyway, good luck! And sorry you have to go through this!
And triplein' the rent !!
 
#9 ·
Before you follow through with eviction proceedings, try the story about remodeling and asking them to move. I have had judges evict tenants before they leave the courtroom and the apt still got trashed.....be careful. Do you live right there and can you supervise their move out?

No good deed goes unpunished.....sad that you were helping her out and she did this. Is your son still friends with her?
 
#10 ·
if you are on a month to month basis you can give her a months notice you will not be renting any further and that will terminate the lease. do it in writing and by cert. mail. if they do not move then you would start eviction process. but you are usually required to give a months notice for month to month unless in your lease it states otherwise. very few states require less.
 
#11 · (Edited)
Do you have a written Lease agreement? In my Agreement I have a section that States Only the ones that I have written their names on the lease are allowed to live in my rental. I tell my renters that if they want to allow someone else to live with them I would have to agree and we would have to do a new lease agreement with this persons name and Adjust the Rent. If they do something against the lease I give them a non-compliance paper which gives them a few days to get things back in order. If they do not then I give them a eviction notice. I also tell them if I start a eviction, they will have to move because there will be nothing they can do or say that will change my mind.
Also any type notice will have to be mailed or hand delivered to the person/s name that is on the lease---not taped to a door etc.

I would have a meeting with The Lady ONLY and tell her you are not going to allow anyone to move in with her at the price she is paying for rent. Ask her what the plans are? If she says she wants him to live with her then tell her He must come in and get all his Info and Check him out and If he checks out Ok that her next months rent will be $XXX (Alot higher than the normal). She might just move to another place and save you the trouble. Good Luck!

Alo do Not Down her Boyfriend in any way or you might end up in Court!
 
#12 ·
I haven't given verbal notice yet. If they were to quietly trash the place, I would find out. I only have to give 24 hours notice before entering he apartment.

It was added onto this house as a second story. I hear every time they come home. I hear them walking around. If I were to hear crashing and trashing, I'd call the police.

I need to go through the apartment to get into my own attic. I'll find an excuse to go into the attic every few days until they leave.
 
#14 ·
One of the things I need to discuss with PrePaid Legal is whether I should give her a longer notice or the faster non compliance one. In California you don't need to give any reason for an eviction. If they have been there for more than a year, you must give 60 days notice. If less than a year, you can give 30 days notice.

However there is another option. I could give a three day notice to quit, and that is if there are ongoing problems, illegal activity, or, a example given on the California courts website, they move in other tenants without permission. I don't think she could move in three days, unless she rented a u-haul. Her parents live in Palm Springs. So she does have a place go.

I wonder how her parents will react if she tries to take him home with her to their house? Perhaps they will tell her the things that I would love to have said, but won't?
 
#16 ·
Bluemoonluck, I am here most of the time. On weekends I will be going to the ranch, and my son will be here. He is the one that was her friend and first suggested we rent the apartment to her. He is a Marine now. Over the weekend he saw the guy let himself in to the apartment. He could hear the tenant welcome him. So he suspected she had moved the guy in. And it was my son who suggested we evict the tenant, his friend. Before that, I was just looking at options to get rid of the guy.

I fell over the weekend. I hurt my arm. Yesterday I saw the ortho doc and got a diagnosis that it is broken. So I'll be a homebody for the most part. When the apartment was built, the only way up there was through our family room. Later, a door to the outside was added. I keep the door to the stairs from my family room locked with a deadbolt. Not a great deal of privacy, but it is what it is.
 
#17 ·
One of the things I need to discuss with PrePaid Legal is whether I should give her a longer notice or the faster non compliance one. In California you don't need to give any reason for an eviction. If they have been there for more than a year, you must give 60 days notice. If less than a year, you can give 30 days notice.

However there is another option. I could give a three day notice to quit, and that is if there are ongoing problems, illegal activity, or, a example given on the California courts website, they move in other tenants without permission. I don't think she could move in three days, unless she rented a u-haul. Her parents live in Palm Springs. So she does have a place go.

I wonder how her parents will react if she tries to take him home with her to their house? Perhaps they will tell her the things that I would love to have said, but won't?
..................Since he isn't a legal rentor , he is TRespassing ! So , call sheriff and see , IF , you can file charges against him , regardless of your eviction processing of his girlfriend . You owe him no legal process and procedure at all !
................... If you can file on him for trespassing , then give him an Ultimatium to leave and never return . INdirectly , this is eviction of girlfriend as well but you'll soon see If........Love conquers all ! , fordy:bowtie:
 
#18 ·
Fordy he is not trespassing if he's there with the consent of the tenant. The tentant has the right to quiet enjoyment, owever she does not have the right to move him in. If the cops show up all she has to say is that he's visiting.

Common Tator I'm sorry to hear about your arm. Hope it's not broken to bad and you have a quick recovery. I'd give her the 3 day notice, or you can even give her a 10 day notice if you choose, or a 30 day. But do something soon because you don't want it to appear that you accepted his presence by saying nothing. That's passive acceptance and I've seen judges use it. I managed property in So. Cal for 15 years, so if you need any help just let me know.
 
#23 · (Edited)
I talked to the lawyer from PPL. He said the three day notice would be extremely aggressive, and I would most likely need to go to court to get them out. He recommended the 60 day notice. He said she needs to pay rent he whole time, and most likely would move, but even if she didn't, it would be easier to get an eviction order from a court.