Eviction of people with no rental agreement

[thumperhaj]

What is the name of your state? CA

I was just wondering if you could help me with advice or resources.

I live in a house my father owns. There are two houses on the property. I live in one, he the other. My father is a push-over and has allowed several of his friends to move in (to help them out) over the last few years. My father currently does not have a job and I have been paying utilities for myself as well as him (which I volunteered to do to help him out). When his friends moved in, I started paying for theirs as well. The utilities are in my name and there is only 1 meter for both house, so without yanking cables or cutting lines, everything gets charged to me. It has come time that WE would like them all to leave for several reasons; although no agreement, there has been no voluntary contribution of rent or utilities, we'd like to work on the house and they are underfoot, etc. We have verbally mentioned that we would like everyone to leave and it became a defensive conversation on their part. I now plan to write them a letter explaining that it isn't personal, we just need to do this for ourselves. I have looked online at eviction information, but this is a different situation and wasn't sure the legal aspect of it. If all goes well, they may just leave after giving them the letter, but if not, I wanted to be prepared for any legal repercussions.

 

[HomeGuru]

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&;&3@erhaj]What is the name of your state? CA

I was just wondering if you could help me with advice or resources.

I live in a house my father owns. There are two houses on the property. I live in one, he the other. My father is a push-over and has allowed several of his friends to move in (to help them out) over the last few years. My father currently does not have a job and I have been paying utilities for myself as well as him (which I volunteered to do to help him out). When his friends moved in, I started paying for theirs as well. The utilities are in my name and there is only 1 meter for both house, so without yanking cables or cutting lines, everything gets charged to me. It has come time that WE would like them all to leave for several reasons; although no agreement, there has been no voluntary contribution of rent or utilities, we'd like to work on the house and they are underfoot, etc. We have verbally mentioned that we would like everyone to leave and it became a defensive conversation on their part. I now plan to write them a letter explaining that it isn't personal, we just need to do this for ourselves. I have looked online at eviction information, but this is a different situation and wasn't sure the legal aspect of it. If all goes well, they may just leave after giving them the letter, but if not, I wanted to be prepared for any legal repercussions.[/QUOTE]

**A: this is not a different situation. Your father is a landlord and those jerks are tenants on an oral m/m lease agreement. Therefore the CA Civil Code applies with respect to the landlord/tenant relationship created.








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[thumperhaj]

But how would an legal 'eviction' work? Could we say failure to pay rent when we had no agreement asking them to pay rent??

 

[HomeGuru]

But how would an legal 'eviction' work? Could we say failure to pay rent when we had no agreement asking them to pay rent??

**A: no, terminate their m/m lease period without any reference to rental payments or being jerks or freeloaders.

 

[thumperhaj]

Thanks HomeGuru for your advice. I have not written the 'official notice' asking them to leave yet, but have written them letters cutting off their access to do laundry and using the trash service, since at this time, these are 2 utilities I can restrict. I am hoping these small steps will make them more uncomfortable here. But I will be taking further action very soon. Thanks again !!!

 

[queenofsand]

I'm afraid your attempt to 'encourage' their move-out will result in more trouble for you. Depriving them of laundry privileges/trash service could be seen as a self-help eviction to force them to move--big no no. It woud be easier for everyone involved to settle this sooner rather than later. Give proper notice, then evict if they don't move. There's no way to gently ease them towards moving...you've given enough hints and asked nicely. It's time to get serious.

http://www.dca.ca.gov/legal/landlordbook/evictions.htm

 

[thumperhaj]

Well, I wrote the letters, but haven't actually handed them over yet. So thanks for the advice. I am just such a non-confrontational person that this is hard for me. Especially since my Father is 'Too Nice' and although he wants these people gone, I'm having to be the 'Bad Guy'. Thanks again.

 

[Arizona Renter]

Simply write them a letter telling them, they have 30 days to vacate the premises and have it certified delivered with return receipt. If at the end of 30 days, they will still not leave, call the police to have them removed.

 

[queenofsand]

AZRenter: do you have a source that supports your advice? It's my understanding that law enforcement will not become involved without a court ordered judgment.

 

[TYRIS]

Simply write them a letter telling them, they have 30 days to vacate the premises and have it certified delivered with return receipt. If at the end of 30 days, they will still not leave, call the police to have them removed.

- Law Enforcement will not remove them after a thirty day notice. 30 day notices (or 60 day notices which is the new law in California) are not worth the paper there written on. They are a formality to proceed to the next step which is an unlawful detainer.

After serving a 30 day notice and the tenant still refuses to leave, the landlord needs to file an unlawful detainer with the court.

Once the tenant is served with the unlawful detainer, they have five days to respond to the court. If they do not respond, the judgment goes to the landlord and the local law enfocement can come out and evict them. If the tenant does respond, then a court date is set and they go before a judge. A court date can be set up to 180 days from the time of the response.

Tyris

 

[HomeGuru]

Simply write them a letter telling them, they have 30 days to vacate the premises and have it certified delivered with return receipt. If at the end of 30 days, they will still not leave, call the police to have them removed.

**A: as the others have stated, this is a civil matter that does not involve the police. Please get your facts straight before giving such advice..

 

[Arizona Renter]

Sure, here is where my proof is:

I moved in with a person from my college in 99' with a 12-month lease. The agreement was that I was to pay him half the rent as well as the utilities(utilites paid to LL), and he would pay the full amounts to the landlord. Well, that went well for 3 months, when the Landlord came to our Apartment with an eviction notice. What was happening was my roommate was pocketing my part of the rent and paid only 1 month of the lease. Luckily for me, I kept all records of payments I gave him. Always paid by check, even though he told me MANY times that cash was good enough. To make a long story short, I paid the rest of the lease in full with MY money, and he paid me what he could because the was always "short" at the end of the month. After the lease was over, I still wanted to stay there, and wanted my roommate out, he would not leave, even after I asked him to several times. LL told me I couldn't make him leave, and would not change the locks. I aksed the LL in private if they would sign a lease with me and another person whom I knew was more reliable, which they did. Even after this, the roommate would not leave, so, I called the police and told them I had a trespasser who would not leave. They came to assess the situation. and a few days later my old roommate left. Looking back now, you're most likely right that the police would have been powerless in removing the roommate, but I think the shock of them coming was enough to scare my old roommate into leaving.

 

[queenofsand]

I've taken the liberty to post thumperhaj's update (calendar pages flying off, it's mid-Nov). Hope you don't mind thumperhaj!


Once upon a time, there were some irresponsible men living with my dad and I lied to the cops and said they were trespassers. The mean ol' cops came roaring in our drive, sirens wailing, lights aflashing, hands on holsters ready to scare the bejezus out of these parasites. The next morning when I called everybody down to breakfast, only my dad showed up for eggs and toast. I guess AZ's advice really worked.

I've got another question...the former tenants left a bunch of their stuff here. Can I toss it in the burn pit?

Take it away, AZ.

 

[HomeGuru]

Sure, here is where my proof is:

I moved in with a person from my college in 99' with a 12-month lease. The agreement was that I was to pay him half the rent as well as the utilities(utilites paid to LL), and he would pay the full amounts to the landlord. Well, that went well for 3 months, when the Landlord came to our Apartment with an eviction notice. What was happening was my roommate was pocketing my part of the rent and paid only 1 month of the lease. Luckily for me, I kept all records of payments I gave him. Always paid by check, even though he told me MANY times that cash was good enough. To make a long story short, I paid the rest of the lease in full with MY money, and he paid me what he could because the was always "short" at the end of the month. After the lease was over, I still wanted to stay there, and wanted my roommate out, he would not leave, even after I asked him to several times. LL told me I couldn't make him leave, and would not change the locks. I aksed the LL in private if they would sign a lease with me and another person whom I knew was more reliable, which they did. Even after this, the roommate would not leave, so, I called the police and told them I had a trespasser who would not leave. They came to assess the situation. and a few days later my old roommate left. Looking back now, you're most likely right that the police would have been powerless in removing the roommate, but I think the shock of them coming was enough to scare my old roommate into leaving.

**A: are you an idiot or something DZ Renter? In your non relevant post, it is clear that the roommate left on his own and was not forced to leave by the police.

 

[Arizona Renter]

wow... want to wipe up the spittle from you chin, or does doggie want a bone to chew on?
I did not say he was forcibly removed... I said they arrived and A$$essed the situation... further more: "I think the shock of them coming was enough to scare my old roommate into leaving." who really knows why he left, but I don't care anymore...