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Old 09-28-2012, 07:39 PM
 
2 posts, read 4,262 times
Reputation: 10
Default Please Help! Delusional Drug Addict won't leave rental property (CA)

Hello,

My father owns a house that is underwater mortgage-wise, and he let a friend stay there who was paying him rent at first, but who is now in jail. In the meantime, the tenant's friend moved in. This guy, "Ray," seemed like a nice enough guy to my dad, but he turned out to be a meth and crack addict with a criminal record. He never payed rent.

Ray lives there with no lease at all; he's lived there for the past year. He has a very acrimonious relationship with my father, who, as you'd expect, has asked him to leave so many times, to no avail. Recently someone died of a drug overdose on the property. I went over there once and there were underage girls in very little clothing--basically, drugs and prostitution have taken over this house.

Ray has been in and out of jail as well. He's an undesirable tenant, to put it mildly. The thing is, he's also delusional and claims to the police that he lives at the house and that the house belongs to him. He drives my father off the property. The police won't reason with my dad, and return him to the house, believing Ray. I believe there was a incident where my father called the police and tried to have Ray arrested for illegally living there and doing illegal things on his property, and the police totally sided with Ray. Ray has somehow retained a pro bono lawyer to stay in the house.

My dad pays all the utilities and I begged him to stop. He has served Ray a notice to vacate several times, but doesn't have the money to retain a lawyer or go to court.

Under CA law, what are my father's options? I think Ray is trying to stay in the house under squatting laws, but how can a drug addict who causes so much trouble and uses the house for such illegal things be allowed to squat legally in a nice house?!?! I don't understand why my father has no leverage at all in this situation. There was never a lease between them.

Thanks so much in advance for all your help and advice.

O
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Old 09-28-2012, 09:25 PM
 
Location: Los Angeles
2,230 posts, read 2,227,540 times
Reputation: 2741
There are legal ways to remove any tenant,and your Dad needs to step up to the plate and start the eviction process.
First thing he should do is to get his deed to the property to ensure he is the rightful owner.
Next he needs to document all the illegal activity going on in the unit.
Video is the best.
Next, he needs to issue a 3 day pay or quit notice to the tenant.
Then after those three day, if no rent is paid, he will need to go downtown to the court house (I think it is room #426, but not sure), and file an unlawful detainer.

If the tenant fails to respond too the unlawful detainer, the next step is to contact the marshall's office in the same court building, and pay to have them go out and physically remove this tenant from the property.
The tenant has five days to respond to the unlawful detainer.
Bob.
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Old 09-28-2012, 09:28 PM
 
11,728 posts, read 22,905,946 times
Reputation: 7054
Time for some "lightning".
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Old 09-28-2012, 09:28 PM
 
Location: California
24,437 posts, read 14,808,784 times
Reputation: 16397
I doubt a meth head will involve the cops and it's pretty easy to show who's name is on the deed/mortgage. Not that I don't believe your story but...nope, I just don't believe your story.

Change the locks, put his stuff out, claim he doesn't know the guy. No cop is going to FORCE your dad to let him come in.
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Old 09-28-2012, 09:53 PM
 
2 posts, read 4,262 times
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Honestly, I don't believe the story, either. I'm posting on here because I FIGHT with my father all the time, telling him to shut off the utilities and issue eviction notices and get the cops involved. My dad says that Ray is squatting there. My dad said it is illegal to change the locks, he's technically a legal squatter. My question is, how can a meth-head who engages in all sorts of illegal activity legally squat in a home?
I don't believe his story, either, it just doesn't check out and you are all confirming it.

And the situation is definitely more complicated than how I've sketched it out here. My father suffered years of abuse--mental and physical--at the hands of my mother. As soon as she was out of the picture, he began getting involved with all these drug addicts (one who fixes cars for him and who steals from him, the other being Ray) who take advantage of him. I think he's replacing the lost destructive person with even more destructive people. It's as if he wants to keep them around, and I have to sit idly by and watch him be taken advantage of over and over again. I'm writing this from Chicago.

What I'm trying to ascertain is what my dad's rights are so I can step in and rectify the situation LEGALLY if necessary. My dad tells me he has done the research and that he has no legal recourse. But there is NO lease!!! I cannot understand how this can be.
Quote:
Originally Posted by Ceece View Post
I doubt a meth head will involve the cops and it's pretty easy to show who's name is on the deed/mortgage. Not that I don't believe your story but...nope, I just don't believe your story.

Change the locks, put his stuff out, claim he doesn't know the guy. No cop is going to FORCE your dad to let him come in.
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Old 09-28-2012, 09:54 PM
 
Location: Los Angeles
2,230 posts, read 2,227,540 times
Reputation: 2741
Quote:
Originally Posted by Ceece View Post
I doubt a meth head will involve the cops and it's pretty easy to show who's name is on the deed/mortgage. Not that I don't believe your story but...nope, I just don't believe your story.

Change the locks, put his stuff out, claim he doesn't know the guy. No cop is going to FORCE your dad to let him come in.
It is against the law to change locks with out a court order, and judgement.
Regardless who the tenant is.
Just because there is no formal agreement between these parties, does not mean the landlord can take the law into his own hands.
There is a legal procedure that must be followed to remove a tenant, regardless if the tenant is there legally or not.
Bob.
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Old 09-28-2012, 10:27 PM
 
1,185 posts, read 774,806 times
Reputation: 606
Here's what you do. You get a shovel, some soil and grass seeds. Dig a hole, and when the man is alone..


Take your dad to home depot and buy a tree and plant it in the hole while both of you discuss a reasonable way you can get the tenant out of your home..
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Old 09-29-2012, 01:36 AM
 
Location: California
24,437 posts, read 14,808,784 times
Reputation: 16397
Quote:
Originally Posted by CALGUY View Post
It is against the law to change locks with out a court order, and judgement.
Regardless who the tenant is.
Just because there is no formal agreement between these parties, does not mean the landlord can take the law into his own hands.
There is a legal procedure that must be followed to remove a tenant, regardless if the tenant is there legally or not.
Bob.
Well I've known plenty of people who kicked out roommates and even adult kids they didn't want living with them anymore. I'd do it. No lease? I don't know you. It's my house. End of story. LET him go to the police...he's a crackhead with a criminal record and I'm a law abiding homeowner. Good luck with that. He doesn't even have a key to my place and none of his stuff in here. How to you get POLICE to let you in a house you have no proof is yours or proof you even live in? You don't and that's all there is to it.

But like the OP said, there is a lot more to this story. I'm just telling you what I'd do given the original OP. And I wouldn't break a sweat.

Last edited by Ceece; 09-29-2012 at 01:46 AM..
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Old 09-29-2012, 03:13 AM
 
Location: San Jose, CA
7,228 posts, read 5,732,413 times
Reputation: 4237
Quote:
Originally Posted by Ceece View Post

But like the OP said, there is a lot more to this story.
There appears to be a whole lot of enabling by the dad, if this is to be believed. Cops don't give speedfreaks the time of day in any dispute.
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Old 09-29-2012, 03:20 AM
 
Location: The front porch outside of the Astral Plane
13,949 posts, read 8,065,978 times
Reputation: 23408
Quote:
Originally Posted by ortolan99 View Post
Hello,

My father owns a house that is underwater mortgage-wise, and he let a friend stay there who was paying him rent at first, but who is now in jail. In the meantime, the tenant's friend moved in. This guy, "Ray," seemed like a nice enough guy to my dad, but he turned out to be a meth and crack addict with a criminal record. He never payed rent.

Ray lives there with no lease at all; he's lived there for the past year. He has a very acrimonious relationship with my father, who, as you'd expect, has asked him to leave so many times, to no avail. Recently someone died of a drug overdose on the property. I went over there once and there were underage girls in very little clothing--basically, drugs and prostitution have taken over this house.

Ray has been in and out of jail as well. He's an undesirable tenant, to put it mildly. The thing is, he's also delusional and claims to the police that he lives at the house and that the house belongs to him. He drives my father off the property. The police won't reason with my dad, and return him to the house, believing Ray. I believe there was a incident where my father called the police and tried to have Ray arrested for illegally living there and doing illegal things on his property, and the police totally sided with Ray. Ray has somehow retained a pro bono lawyer to stay in the house.

My dad pays all the utilities and I begged him to stop. He has served Ray a notice to vacate several times, but doesn't have the money to retain a lawyer or go to court.

Under CA law, what are my father's options? I think Ray is trying to stay in the house under squatting laws, but how can a drug addict who causes so much trouble and uses the house for such illegal things be allowed to squat legally in a nice house?!?! I don't understand why my father has no leverage at all in this situation. There was never a lease between them.

Thanks so much in advance for all your help and advice.

O

My advice is to stay out of it if you have no legal interest in the property. It is your Father's property and his to do or not do with what he pleases. If he is not willing to do what is legally necessary to get this guy off of his property it is him that is going to lose and you have nothing to say about it.
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