Getting ready to evict a bad tenant (lease, tenants)

[JGC97]

That was a tragic incident, chuckmann. I'm sorry for you and your wife and especially your grandchild. I know it's off topic but I just have to ask this. Did you ever report the girl to the police for smoking weed in your house? You could have had her arrested, right? After all, it's your house and she was doing something illegal. The law clearly states that you have the right to evict (or boot her out) when tenant is involved in criminal activity. I imagine you didn't want to make waves, though, for your grandchild's sake.

Sounds like you ran up against a not-too-bright deputy sheriff.

[TVC15]

Originally Posted by Galaxie Girl

What I think you are failing to understand is that EVERY state in the US forbids a landlord from simply changing the locks on a tenant who hasn't paid. That is called "self help" eviction and is illegal. When there has been a breach of contract (like not paying rent), there is a legal process for addressing that, just like with any contract.

Granted, CA landlord tenant laws are very pro-tenant compared to many other states. However, every state requires landlords to go through the eviction process before having a non-paying tenant removed. If there is no written rental agreement, the agreement is assumed to be a default month to month agreement that follows the default state standards for required notices, etc. That is the case for the OP. He did the 3 day notice to pay or quit, and once that time period is up, he can file an unlawful detainer (eviction) with the court.

This case is different than a trespasser since she can clearly demonstrate that her possessions are on the property and she has a key she's been using for the place. If she's got a bill in the mail there with her name and address on it, that's even more proof.

Not true. First of all not all states have the same rules. For example in TX the landlord has the right to change the locks 5 days after filing the eviction. In this situation we are talking about a tenant who has broken the lease agreement.

However if there is no lease agreement then the person has no legal authority to be living on your property or have anything at all to do with your property even if your belongings are there. It is your responsibility as a renter to get a lease agreement and not only that but read it and if you agree with it via your signiture. The law should not have to hold the hands of the ignorant. It is also the responsibility of the landlord to provide a lease agreement. If they don't then you are taking a huge gamble.

That is why it is almost unheard of in TX to rent your personal property to someone without a lease agreement.

Apartments and condo units all require a lease agreement in TX. The lease agreement protects both the renter as well as the landlord or apartment complex.

CA with all its ridiculous regulations really needs to fix this one. No one should have the right to occupy your personal property or even an apartment complex if they have broken the lease agreement for paying rent.

[TVC15]

Originally Posted by HereOnMars

That was a tragic incident, chuckmann. I'm sorry for you and your wife and especially your grandchild. I know it's off topic but I just have to ask this. Did you ever report the girl to the police for smoking weed in your house? You could have had her arrested, right? After all, it's your house and she was doing something illegal. The law clearly states that you have the right to evict (or boot her out) when tenant is involved in criminal activity. I imagine you didn't want to make waves, though, for your grandchild's sake.

Sounds like you ran up against a not-too-bright deputy sheriff.

Not paying rent is also criminal. You are basically stealing a living quarter and preventing the owner from earning the monies owned to them under the lease agreement.

In TX the renter would be creating a forcible detainer.

http://www.statutes.legis.state.tx.u...ighlightType=1


Maybe CA should adopt such policies as Sec. 24.005. NOTICE TO VACATE PRIOR TO FILING EVICTION SUIT. to help protect good landlords from parasites.

[bigdumbgod]

Originally Posted by TVC15

Not paying rent is also criminal.

Not sure our jails are filled with those who were convicted of not paying rent. (BTW, whom shall be believed when the landlord simply says he wasn't paid, when the payer says otherwise?)

[TVC15]

Originally Posted by bigdumbgod

Not sure our jails are filled with those who were convicted of not paying rent.

I am certain the jails here are not due to the way CA protects the guilty.

Originally Posted by bigdumbgod

(BTW, whom shall be believed when the landlord simply says he wasn't paid, when the payer says otherwise?)

You have a lease agreement that only accepts checks or money orders. NO cash and you have your proof when you go to file the eviction notice.

If it is a non lease agreement which is almost unheard of unless you are stupid or desperate...then protect yourself via paying by money order. If you don't then it boils down to he said she said. No decent landlord in TX would accept cash unless they have ulterior motives. Like I said it is not the laws responsibility to hold the hand of the ignorant.

[JGC97]

Originally Posted by TVC15

If it is a non lease agreement which is almost unheard of unless you are stupid or desperate...then protect yourself via paying by money order. If you don't then it boils down to he said she said. No decent landlord in TX would accept cash unless they have ulterior motives. Like I said it is not the laws responsibility to hold the hand of the ignorant.

Wow. For your information, there are a number of people - like chuckmann and many more - who let someone live in their home, to help them out. The do it because they don't expect the person might be have a Jekyll and Hyde personality. Not until they move in do they show their true colors. I don't think that makes the person who make the offer to help neither stupid, desperate or ignorant. It's called trying to have a little faith the person you're helping is going to honor their promise.

I think the OP had the same idea. He gave the person a place to stay without a written agreement. She pledged to pay the rent on time. He found out that she wasn't as honorable as he was led to believe. Thinking that anyone who tries to help someone out is being ignorant is sad.

There isn't anything wrong with California laws. It's people that are the problem. The ones making promises don't keep them and yet there are some landlords who need to be watched, to make sure they don't take advantage of their tenants. If anything, California has too many laws because lawmakers in the state don't think any of us can use common sense and good judgment in our daily lives. 'Course, with some of the comments I read around the net, I'm beginning to think they're right. lol

[TVC15]

Hey there Mars

I truly don't think that trying to help someone out is being stupid or desperate.

However since the beginning of time humans have proven over and over and over how dishonest they are.

The culture in Texas is you look out for yourself because there are bad people who will try and take advantage of you. One reason we love our guns But more importantly the reason it is really unheard of to just allow someone to move into your house that you know nothing about and assume they are just going to behave. Written agreements/leases are very common and encouraged.

So helping people is one thing but taking a huge risk to help someone with living on your property is another level that many are not willing to dabble with unless there is a lease agreement.

Believe it or not Texans are the most friendly helpful people you will ever meet. But we will not tolerate being f**cked over. And the law favors us in that respect. That is one thing I am truly proud about my home State.

[bigdumbgod]

Originally Posted by TVC15

However since the beginning of time humans have proven over and over and over how dishonest they are.

The culture in Texas is you look out for yourself because there are bad people who will try and take advantage of you. One reason we love our guns

So, from this we may surmise that Texans = people who have no trust in people, and arm themselves believing they are perpetually under siege from such. Doesn't sound like the most hospitable of environments.
Yes, letting someone in as a tenant on shear goodwill can be risky, but the people given the chance are usually acquaintances or family. Assuming they have the means to make good on their promise to pay and do what they can make that happen, it would be a tad cold to turn away any and all these people if they're truly down on their luck at a given moment, no?

[Rtst]

Ok update on the parking situation. i asked for legal advice and apparantly eventhough we never discussed the parking situation, depending on the courts it could be seen as me helping my self to move her out. she could file or argue when eviction gets goin and could delay the eviction process. (so driveway lock is off) so tomorrow AM ill be goin to the court and file the unlawful detainer. Wish me luck

[TVC15]

Originally Posted by Rtst

Ok update on the parking situation. i asked for legal advice and apparantly eventhough we never discussed the parking situation, depending on the courts it could be seen as me helping my self to move her out. she could file or argue when eviction gets goin and could delay the eviction process. (so driveway lock is off) so tomorrow AM ill be goin to the court and file the unlawful detainer. Wish me luck

Good Luck! Especially with the laws you guys have that seem to not protect a good landlord as much as they should.