Threatening lodger won't leave (CA) (lease agreement, evict, record, legal)

[Ceece]

Ok, I don't even believe this story or that you'd be this wimpy and scared of a lawsuit that you'd allow yourself to be such a patsy.

I'm going on record here as saying that if, for some unfathomable reason, I have someone living in my house that turns nasty I WOULD NOT call the police or "seek legal advice". I'd have someone help me pack up whatever **** they had in the house, relocate it, and change my locks. Put the onus on them to "seek legal advice" because once they are out they can't get back in and that would be my first priority.

BLAH BLAH BLAH...Bring on the lawsuits, but you aren't walking in that front door ever again. People let themselves be victimized when they show that they don't have the guts to actually do anything. AND I don't believe most "scammers" would get anywhere legally once they are out and looking for the next play since it's time and money out of their pocket too. But again, that wouldn't even be my priority. I can deal with paperwork later.

And FYI, my daughters bf did exactly this to her in college..minus changing the locks. Breakups can be bad, and she was on the loosing end of that one, but life went on and nobody got sued. We did pay an additional 2 months rent since we had cosigned the lease but we also knew they couldn't stay under the same roof. Like I said, priorities.

[CALGUY]

Originally Posted by Ceece

Ok, I don't even believe this story or that you'd be this wimpy and scared of a lawsuit that you'd allow yourself to be such a patsy.

I'm going on record here as saying that if, for some unfathomable reason, I have someone living in my house that turns nasty I WOULD NOT call the police or "seek legal advice". I'd have someone help me pack up whatever **** they had in the house, relocate it, and change my locks. Put the onus on them to "seek legal advice" because once they are out they can't get back in and that would be my first priority.

BLAH BLAH BLAH...Bring on the lawsuits, but you aren't walking in that front door ever again. People let themselves be victimized when they show that they don't have the guts to actually do anything. AND I don't believe most "scammers" would get anywhere legally once they are out and looking for the next play since it's time and money out of their pocket too. But again, that wouldn't even be my priority. I can deal with paperwork later.

And FYI, my daughters bf did exactly this to her in college..minus changing the locks. Breakups can be bad, and she was on the loosing end of that one, but life went on and nobody got sued. We did pay an additional 2 months rent since we had cosigned the lease but we also knew they couldn't stay under the same roof. Like I said, priorities.

What you fail to understand is, there are laws in place when dealing with with tenant/ landlord issues.
If the op did as you suggest, they would more than likely be in jail before the next sun came up.
The laws are there to protect both tenant and landlord.
Rules have to be followed, and when one deviates from those mandates, it spells trouble.
Sure, you talk like a man carrying a big stick, but the rule of law turns that stick into a twig.
Bob.

[Ceece]

I don't fail to understand, I wouldn't have someone who I felt threatened by and who was walking all over me in my own home. I'd take my chances on the law rather than the creep in my house. And nobody will be in jail before the sun comes up, the threat is suing and at that point I'd be claiming trespassing anyway. Just for kicks I'd write up a 30 notice outlining the all the ways the agreement was broken. And back date it. I'm crazier than most crazies.

[MordinSolus]

Originally Posted by Ceece

I don't fail to understand, I wouldn't have someone who I felt threatened by and who was walking all over me in my own home. I'd take my chances on the law rather than the creep in my house. And nobody will be in jail before the sun comes up, the threat is suing and at that point I'd be claiming trespassing anyway. Just for kicks I'd write up a 30 notice outlining the all the ways the agreement was broken. And back date it. I'm crazier than most crazies.

This reads like an edgy teenager trying to sound tough.

[jacktravern]

THis whole thing shows why being a landlord isnt always what its cracked up to be. TO the OP, you bought a home....LIVE IN IT. You and people close to you. Trying to make a quick buck as you see can have dire consequences. Don't you have any peoples that can put the fear of god in this woman, where are your PEOPLES !!!

The thing about all of this is, when this thing is finally resolved, and you're about $5000 less richer, you will probably do the same damm thing and rent out the room again to someone with a nice smile

[Ceece]

Originally Posted by MordinSolus

This reads like an edgy teenager trying to sound tough.

It's not though. It's me being real about what I'd do under these particular circumstances. I would not live under threat by some random in my own home, nor would I leave my property. You act like nobody ever kicked someone out before...it happens all the time you just don't read about it because nothing happens.

I'm not a bs'er, a tough talker, an armchair quarterback, or a teen for that matter. But I know myself and I wouldn't play this game and that's a fact. SO SUE ME.

[RobThomas]

Originally Posted by capoeira

It is your house and your property. Cut the cable and the phone line on the outside connection to the house.

Come on. Be reasonable.

[Praline]

capoeira is right - I'd have her phone and the cable turned off. I might even lock her inside her room with that nasty dog as well. There is no way I would tolerate such a situation in my own home and I'm a law abiding person. The first time she pulled something, I would have been packing up her sh*t and putting it by the curb and immediately changing the locks. I would moved all of the furniture out of her room and left a bare space. I would have some huge relatives or friends come over and help me do this. She is violating her lease and doesn't care by bringing in a dog when you clearly stated no pets - that dog would have been out then and there. All of the paper work involving this transaction would just "magically" disappear. The woman and her dog would be out of my house - let her go to court and whine all she wants to, she would be out on the street.

[MItoBH]

Originally Posted by Praline

capoeira is right - I'd have her phone and the cable turned off. I might even lock her inside her room with that nasty dog as well. There is no way I would tolerate such a situation in my own home and I'm a law abiding person. The first time she pulled something, I would have been packing up her sh*t and putting it by the curb and immediately changing the locks. I would moved all of the furniture out of her room and left a bare space. I would have some huge relatives or friends come over and help me do this. She is violating her lease and doesn't care by bringing in a dog when you clearly stated no pets - that dog would have been out then and there. All of the paper work involving this transaction would just "magically" disappear. The woman and her dog would be out of my house - let her go to court and whine all she wants to, she would be out on the street.

All this and a bag of chips. I would deal with whatever legal consequences, but there's no way on God's green earth would I have a person remain living on my property after I give them proper notice to leave.

While I was living in NYC, a stupid roommate I lived with, who had the lease in her name, EMAILED me my notice to vacate, after she deposited that month's rent check of course. It was hard finding another place to move to, but I did it because who wants to live somewhere they are not wanted and have been asked to leave? But then again, I'm a sensible and responsible person.

[BeatAngMoh]

The problem when you are dealing with people like this is its a game of power and intimidation. You are trying to follow the rules as most of us do and should. But once you display weakness by letting her have the dog, then she knew she didn't have to respect the rules nor you. What you should have done was pointed a gun at her head and asked her to leave when it got out of hand. You lost your credibility to enforce your own living space and inch by inch she took away your home. It's your freaking home. If an intruder came in and was a threat you should shoot to kill. And here's one staying there and playing a game with you. I'm not suggesting your pop cap her but I do suggest you need to show force and willingness to use it when necessary. This is how our country remains dominant globally.