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My folks have rented out a mobile trailer out without a lease within their home property. This is of course, illegal. However, the tenants aren't paying and therefore my folks want them out. Seeing as this is already off to a bad start, what can be done? They live in the Inland Empire counties, in California. Thanking you guys in advance.
Lease or no lease, you go to the appropriate country district court (i.e. small claims court) and file. Call ahead so you know what the filing fee will be.
They may be screwed. I believe there is some goofy law that says if someone lives in your home (not sure if it refers to property or not) for a certain amount of time, they by law have interest there.
If it's their land, is there anything they can do to claim trespassing? I understand that your folks had a verbal agreement with these people (not a lease), but those people had a verbal agreement with your folks to pay the rent. See if there is a lawyer in your area that'll give you a free initial consultation. You can also call your police department and ask them what your folks can do about getting unwanted persons of their property.
Ut-oh! This is trouble! The rental laws in California favor the renters/tweekers/vagrants and the taxpaying landlord can be screwed royally! It can take up to 9 months to get them out and they know it! In Riverside county it takes a minimum of $200 to file for an eviction. Here's my story...maybe it will help...
We rented to a nice young mother with 2 little boys. Good job, nice car, but she was having a hard time making ends meet, so we gave her a break on the rent and paid her electric bill for her. Things went very well until she got lonely and took up with the local drug dealer. Some other guy moved in, too...just out of jail with "White Power" tattoos all over his arms. What a dweeb!
So our tenant and her associates started tweeking and the rent didn't get paid. She lost her job because of the drug use. She semi-moved out to live with the boyfriend and the elctricity got turned off because we no longer paid the bill. I served a "Three Day or Quit" notice twice and she ignored it. By law we could not even enter the premises. Much of her stuff was still in the trailer, as well as a turtle, goldfish and a dog (outside in a kennel). She moved what she wanted and left the rest. But I got no keys. So I mailed her a "Belief of Abandonment" notice and she was tweekin' so hard she never responded to it. We were able to take control of the residence once again, legally.
We got screwed for over $4,000 worth of rent, $600 in electric bills, had $8,000 worth of damage done to the mobile. We also hauled away over 2000 pounds of garbage after her friends (nice ones) hauled off her useable stuff. We are now waiting for the insurance checks to be able to fix it, so we are screwed out of that time to rent it out also.
But...the cops investigated the vandalism (tweekers HATE cops hahahaa!), my insurance company is after her for the damages, the animal control people are hitting her for animal cruelty, we are sueing her for the back rent and the insurance deductible and depreciation and the truant officer got a call (her kids were not in school for weeks). We won't get any money right away, if at all, but we will mess up her credit report for seven years and then hit it again for another seven. I WILL be her worst nightmare.
Best bet....offer the renters $500 cash to be gone in 24 hours. It will be worth it!!!!
Last edited by DezertGirl; 01-16-2009 at 02:20 PM..
Ut-oh! This is trouble! The rental laws in California favor the renters/tweekers/vagrants and the taxpaying landlord can be screwed royally! It can take up to 9 months to get them out and they know it! In Riverside county it takes a minimum of $200 to file for an eviction. Here's my story...maybe it will help...
We rented to a nice young mother with 2 little boys. Good job, nice car, but she was having a hard time making ends meet, so we gave her a break on the rent and paid her electric bill for her. Things went very well until she got lonely and took up with the local drug dealer. Some other guy moved in, too...just out of jail with "White Power" tattoos all over his arms. What a dweeb!
So our tenant and her associates started tweeking and the rent didn't get paid. She lost her job. She semi-moved out to live with the boyfriend and the elctricity got turned off because we no longer paid the bill. I served a "Three Day or Quit" notice twice and she ignored it. By law we could not even enter the premises. Much of her stuff was still in the trailer, as well as a turtle, goldfish and a dog (outside in a kennel). She moved what she wanted and left the rest. But I got no keys. So I mailed her a "Belief of Abandonment" notice and she was tweekin' so hard she never responded to it. We were able to take control of the residence once again, legally.
We got screwed for over $4,000 worth of rent, $600 in electric bills, had $8,000 worth of damage done to the mobile. We also hauled away over 2000 pounds of garbage after her friends (nice ones) hauled off her useable stuff. We are now waiting for the insurance checks to be able to fix it, so we are screwed out of that time to rent it out also.
But...the cops investigated the vandalism (tweekers HATE cops hahahaa!), my insurance company is after her for the damages, the animal control people are hitting her for animal cruelty, we are sueing her for the back rent and the insurance deductible and depreciation and the truant officer got a call (her kids were not in school for weeks). We won't get any money right away, if at all, but we will mess up her credit report for seven years and then hit it again for another seven. I WILL be her worst nightmare.
Best bet....offer the renters $500 cash to be gone in 24 hours. It will be worth it!!!!
Hmm, this is pretty bad. Of course, if $500 cash is in play, there should be a written agreement, signed 'n all right?
Hmm, this is pretty bad. Of course, if $500 cash is in play, there should be a written agreement, signed 'n all right?
Thanks everyone for the helpful advice.
Yep...I would get them to sign for the money...AFTER they have moved everything out and the place is in good shape. If they are tweekers, that money will motivate them in a hurry...it might buy almost an ounce of crystal!
I would also get their driver's license numbers, if applicable... and a freakin' thumb print...LOL! Change the locks on the trailer and the property and convince the cops to cruise by every once in a while.
Next time, go with a management company. We will. The cost can be tacked onto the rent and they will prescreen potential tenants. If the rent is too low, you get what you pay for in renters. Riffraff can only afford so much, so jack the rent a little to attract a better clientele. Good luck...keep us posted of your progress!
My folks have rented out a mobile trailer out without a lease within their home property. This is of course, illegal. However, the tenants aren't paying and therefore my folks want them out. Seeing as this is already off to a bad start, what can be done? They live in the Inland Empire counties, in California. Thanking you guys in advance.
After reading all these posts, I guess these things are harder to take care of in California.
If the trailer these people were living in without a lease was located on MY property, I would send them a certified letter letting them know that renovations would be beginning in 30 days and they needed to vacate. On the 31st day, I would disconnect the water and have the utilities shut off.
Then I would begin by taking down the front door.....for "renovation" painting.
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The rental laws in California favor the renters/tweekers/vagrants and the taxpaying landlord can be screwed royally! It can take up to 9 months to get them out and they know it! In Riverside county it takes a minimum of $200 to file for an eviction. Here's my story...maybe it will help...
