Illegal lady tenent in pool house blackmailing...help!

[nmnita]

Originally Posted by Sparklez_304

if shes not paying rent, then shes not a tenant, shes just someone living on their property that refuses to leave, id file a restraining order and have the police escort her off the property.

I thought about that as well, if there are no cancelled checks and she isn't paying right now, just call in the police...


Nita

[JerZ]

Originally Posted by nmnita

I thought about that as well, if there are no cancelled checks and she isn't paying right now, just call in the police...


Nita

Even if there are no canceled checks, since these two work together and they both obviously chat occasionally with co-workers, it's probable that one or the other (or both, most likely) mentioned the living arrangements either in front of coworkers, or actually to coworkers. Not definite (the OP will need to let us know) but doesn't it seem pretty likely? Somebody moves house, she mentions it among her daily chit-chat to coworkers.

If that's the case, even in the absence of a paper trail it could be circumstantially proven via witnesses that the move took place to the OP's parent's house as a renter situation.

In fact, all it would take would be *one* eyewitness who was told by the OP's parents or by the crazy tenant lady that she was renting from them and then it would no longer be *just* her word against theirs. Just one person.

And remember that we haven't determined that there is no paper trail. For all we know she did pay with a check. Until the OP posts again and tells us yea or nay to this, it's all just theory.

But one thing that isn't theory: lying and contorting facts and letting dogs loose and unscrewing doorknobs and planning phony arson thread reports and alllllllllllll this stuff is still WAY, WAY more complex--with WAY more chance of something getting screwed up along the way and the landlords to be pinned down now with not only illegality, but fraud and lying on the witness stand, etc.--than just admitting they did something wrong, taking their lumps...and having the law then be on their side and kick the woman out.

I mean seriously, why go through an insane amount of contortions, including lying to police, etc. (good god), rather than simply admitting the truth and probably incurring a fine? Okay, it could be a big fine but a fine, at least to me, is preferable to the potential of contempt of court, jail time and a bad track record for good and for all with both the law and the town. And it sure as shoot is preferable to sending dogs out to bit the lady or what-have-you.

Especially if the OP's parents are as innocent and kind-hearted as the OP says the are, all this lying and going to court and all the other stuff is almost bound to fail when executed by someone who isn't practiced in being a sheister. Don't you think?

So why bother even trying, especially considering the risks?

Just own up to it, pay the piper and let the police deal with her...legally, and safely to the OP's parents.

[BennyPhoenix]

Originally Posted by NewinScal

This is a really good point. Were you parents paid in cash? Was there an oral lease? If Yes to both, then it is crazy lazy's word v. your parents that the house was even leased. Your parents could simply have been a nice couple who let a coworker stay in the pool house for a short period. That takes care of the tax and ( maybe) the city code violation issue.
If there is no proof of lease or payment then she becomes a trespasser the minute your parents ask her to leave and she does not.
Without proof of a lease, what is she going to ask a judge to enforce? Without proof of a lease, what will she show to police to show that she has a RIGHT to live there when they evict her?

-Someone earlier in the thread made a good point about 09 tax filings. If they have not even filed yet, there is no evasion. In fact even if they did, they can still file an amended return. No biggie there.

You should probably talk to a lawyer, even for a brief consult.

You still need a court order for the sheriff to toss her out.
If you call the police, they will come and question the tenant and the owner.
She will show the police that her things are in the pool house. At that point the police will do nothing.

[nmnita]

Originally Posted by JerZ

Even if there are no canceled checks, since these two work together and they both obviously chat occasionally with co-workers, it's probable that one or the other (or both, most likely) mentioned the living arrangements either in front of coworkers, or actually to coworkers. Not definite (the OP will need to let us know) but doesn't it seem pretty likely? Somebody moves house, she mentions it among her daily chit-chat to coworkers.

If that's the case, even in the absence of a paper trail it could be circumstantially proven via witnesses that the move took place to the OP's parent's house as a renter situation.

In fact, all it would take would be *one* eyewitness who was told by the OP's parents or by the crazy tenant lady that she was renting from them and then it would no longer be *just* her word against theirs. Just one person.

And remember that we haven't determined that there is no paper trail. For all we know she did pay with a check. Until the OP posts again and tells us yea or nay to this, it's all just theory.

But one thing that isn't theory: lying and contorting facts and letting dogs loose and unscrewing doorknobs and planning phony arson thread reports and alllllllllllll this stuff is still WAY, WAY more complex--with WAY more chance of something getting screwed up along the way and the landlords to be pinned down now with not only illegality, but fraud and lying on the witness stand, etc.--than just admitting they did something wrong, taking their lumps...and having the law then be on their side and kick the woman out.

I mean seriously, why go through an insane amount of contortions, including lying to police, etc. (good god), rather than simply admitting the truth and probably incurring a fine? Okay, it could be a big fine but a fine, at least to me, is preferable to the potential of contempt of court, jail time and a bad track record for good and for all with both the law and the town. And it sure as shoot is preferable to sending dogs out to bit the lady or what-have-you.

Especially if the OP's parents are as innocent and kind-hearted as the OP says the are, all this lying and going to court and all the other stuff is almost bound to fail when executed by someone who isn't practiced in being a sheister. Don't you think?

So why bother even trying, especially considering the risks?

Just own up to it, pay the piper and let the police deal with her...legally, and safely to the OP's parents.

you are right and if you read my post a few back, that is what I said, but when I had also thought about "what proof is there?" If the owners get bad lady removed and if bad lady threatens still do what they can because there may not be a way to prove she was paying anything. My point, more than anything is get her out. In the process the owners may end up getting a fine and yes, they did something they shouldn't have done, but putting up with blackmail should never be an option.

NIta

[NewToCA]

Originally Posted by nmnita

you are right and if you read my post a few back, that is what I said, but when I had also thought about "what proof is there?" If the owners get bad lady removed and if bad lady threatens still do what they can because there may not be a way to prove she was paying anything. My point, more than anything is get her out. In the process the owners may end up getting a fine and yes, they did something they shouldn't have done, but putting up with blackmail should never be an option.

NIta

Getting your mail at that address is sufficient proof. If the mail was accepted, the paper trail exist.

Claiming she was living there without paying would be for the court to decide, but I would think they would find living free in a pool house for an extended period of time to be a stretch.

[JerZ]

Originally Posted by NewToCA

Getting your mail at that address is sufficient proof. If the mail was accepted, the paper trail exist.

Claiming she was living there without paying would be for the court to decide, but I would think they would find living free in a pool house for an extended period of time to be a stretch.

Exactly, especially when coupled with the fact that the landlords posted an ad seeking a paying tenant, then the town directly told them they couldn't do it, then all of a sudden there's a tenant there but...she's not paying?

Just don't play around with this... No way. Not good.

[golden213]

I'm sorry for not posting sooner! Thank for the responses. She did pay with check so there is a definite paper trail. I told my parents to amend their tax returns asap and I think that will take at least care of that problem. Thank you all for the comments. After reading through I decided that shutting off water and electricity isn't going to be an option. I let my mom know that I can help financially if that becomes as issue as well but she doesn't want me to quit school.

[miyu]

I've been through this **** before with a squatter, who happened to be a "lawyer" (undoubtedly she went to a third rate law college and couldn't pass the bar), a druggie, and brings all her homeless druggie friends to the property so they can do drugs all night.

If she gets her mail there or has left a paper trail of rental checks, then she has established tenancy. In this case you can serve her with a 30 day eviction notice. If she is not gone by then, you can dispose of her... uh... I mean, you can call the police and have them escort her out. It's simple. If your parents get a slap on the wrist in the process, oh well. Better than having a dangerous lunatic around. Who knows if she could bring other lunatics into the household.

Consult a lawyer, makes it way easier. Let us know what happened!