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I would have a few of my physically gifted men friends remove his property to the curb. At the same time all locks would be changed.
Bye bye!
You might do that but in CA a self-eviction is grounds for the landlord finding themselves up against the tenants' rights boards and liable for hefty fines and facing other legal action from the state.
All the tenant has to do is complain to the boards and the state steps in on their behalf. The laws are slanted to the presumption that the landlord is abusing the tenant and the tenant's rights are stronger than the landlords'.
OP, you're in for a bit of trouble ahead to get this tenant out. CA tenant rights laws are very much in favor of the tenant. You will need to do a formal eviction process starting with the 3-day notice. If the tenant doesn't peacefully depart, you'll need the court ordered eviction ... likely all the way through a deputy supervised forced eviction removal of the tenant and possessions. Just because you haven't been paid and feel threatened by the tenant doesn't mean you'll automatically get the eviction granted to you. Tenants have many resources in CA which will explain to them the specific tactics/words to say in court that will evoke the sympathy of the judge per the statutes favoring tenants.
Your best path may be to contact a lawyer who deals with these issues and start the process. It will not be inexpensive to rid yourself of an unwanted non-paying tenant.
FWIW, years ago I did some self-evictions of non-paying tenants. The last one I did resulted in the tenant complaining to the local police department. I got quite a lecture from two officers about my illegal action and had the tenant persisted in their complaint, I would have been arrested. Fortunately, it turned out that the tenant had some warrants out for his arrest and he didn't want to stick around with the cops. So I was let off the hook. But the cops made it clear that if I did this again, they'd be arresting me and I'd be the one looking at court fines.
I realize that my answer may not be legally correct but no way would I allow someone to live in my house rent free.
How is this 'tenant' going to prove to the court that they are a legal tenant without a lease? If you move to evict them I suppose that proves they are your tenant.
I realize that my answer may not be legally correct but no way would I allow someone to live in my house rent free.
How is this 'tenant' going to prove to the court that they are a legal tenant without a lease? If you move to evict them I suppose that proves they are your tenant.
I would move them out or make them wish I had.
Your solution is great advice when trying to impress the girls at the bar with tales of macho actions, however it's absolute garbage for a landlord. I also find that 99.9999% of the time when people say they did things like this, well you know the rest..... Unless you're willing to back up that "Me Tarzan" speech with money to pay the landlord's fines after being hit with an unlawful eviction penalty, that types of advice is best provided during beer can head smashing feats of maturity.
Your solution is great advice when trying to impress the girls at the bar with tales of macho actions, however it's absolute garbage for a landlord. I also find that 99.9999% of the time when people say they did things like this, well you know the rest..... Unless you're willing to back up that "Me Tarzan" speech with money to pay the landlord's fines after being hit with an unlawful eviction penalty, that types of advice is best provided during beer can head smashing feats of maturity.
Amen to that. Just love these smack talkers.
Tried to rep you but I guess I gotta spread it around some more first.
.......They let the squatter know he was no longer welcome to sponge off of their friend. It worked great!
OP's problem is not a squatter. OP's problem is legally a tenant, and no, OP can not just physically throw them out.
OP, you need an eviction specialist lawyer and turn the problem over to the lawyer. Your tenant has intimidated you so you are not capable of dealing with him by yourself. Get started with the eviction today and get it over with. It doesn't cost any more to pay the lawyer than it costs to have a bully living in your house for free.
I suggest that you give up the idea of renting out rooms in your house.
How is this 'tenant' going to prove to the court that they are a legal tenant without a lease?
Proving it could be as simple as showing that the tenant received mail at that address.
Quote:
Originally Posted by Charlotteborn
I would move them out or make them wish I had.
And if you happen to have a tenant that is aware of their rights, you'll wish you followed the proper procedures. The law/judge doesn't care about your tough talk.
I would have a few of my physically gifted men friends remove his property to the curb. At the same time all locks would be changed.
Bye bye!
And a week later your house burns to the ground. Cheezits, man, think for a minute. You need a judgment on record against the squatter to protect yourself.
I'm not a lawyer and don't condone doing this but does he have proof of actually being a tenant there? If not, I'd wait til he left and get rid of his stuff and change the locks. When he questions you play dumb and say a crazy man thew all his possessions on your front lawn and is saying he lives in your house.
I reiterate that I am not a lawyer and don't recommend you do this. Get a lawyer.
Quote:
Originally Posted by semispherical
And a week later your house burns to the ground. Cheezits, man, think for a minute. You need a judgment on record against the squatter to protect yourself.
What's to stop him from burning your house down after you legally remove him vs illegally?
I'm not a lawyer and don't condone doing this but does he have proof of actually being a tenant there?
Receiving mail would be a very basic proof. Telling a judge that that's where he lived would be another. The admission by the homeowner that the person is in the house and refusing to move out is a tacit admission that the person is a tenant or may have established residency/tenants rights.
If not, I'd wait til he left and get rid of his stuff and change the locks.
Exactly what I did several times over the years without repercussions. And one time where the former tenants came back and vandalized the house and outside hot tub to the tune of $20,000 worth of damage. No way to recover the money from them ... even when they bragged to their co-workers that they had done the deed.
But when I "self-evicted" a more knowledgeable tenant who knew to bring his complaint to to the authorities, I was the guy in trouble with the law. It was only by a circumstance ... the tenant was an escaped convicted felon with warrants out for his arrest and didn't want to hang around to sign the complaint ... that the cops didn't arrest me. In this situation, you ... as a landlord ... are not going to be fighting with the tenant, you will be up against the state laws for your illegal action.
When he questions you play dumb and say a crazy man thew all his possessions on your front lawn and is saying he lives in your house.
Playing games like this is gonna' do nothing but get you into a whole heap of trouble as a landlord. And I've had some tenants who wouldn't hesitate to get very physical if they wanted to do so.
Personally, I don't need these types of issues.
I reiterate that I am not a lawyer and don't recommend you do this. Get a lawyer.
The only good advice you've given here. Fantasy macho man trips aren't beneficial to a landlord ... no more than such types of attitudes when dealing with employees.
What's to stop him from burning your house down after you legally remove him vs illegally?
Nothing. But at least the landlord avoided being on the wrong side of the tenant rights statutes and subject to fines and other legal punishments from the state.
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