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Old 07-31-2009, 11:31 AM
 
10 posts, read 27,882 times
Reputation: 12

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Hi all:

I live on California and I'm taking care of a property for an elderly woman who is not able to take care of it herself. I just rented the house to someone who seemed really nice and did not run a credit check on him (my 1st mistake ). At the time I did not know that he had just been evicted out of another place for not paying rent.

He told me that he would bring me the 1st months rent and security deposit right after he picks up the keys and unfortunately, I believed him and gave him the keys without demanding for payment right away (my 2nd mistake )

Now he is moved into my place and he has not paid a penny and I'm not able to collect from him. He always says he has a wire transfer coming from a property deal, but he has been saying that for the past 3 weeks and he had promised me at least 10 times but never gave me any money.

My understanding is that to legally evict him, I would have to serve him a 3-Day notice and then file an Unlawful Detainer. But that would take at least 2 months, if not more. Since he had not paid anything at all, and had not even signed a lease, does anyone know if I can just call the local police department and have him removed for trespassing or something similar?

This is very painful for me . Any advise will be greatly appreciated! Thanks!
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Old 07-31-2009, 12:11 PM
 
4,111 posts, read 12,826,509 times
Reputation: 3704
Sorry you're going thru this - gotta preface my post by saying I don't live in CA and don't know for sure but my immediate thought is that as there's no contract and no lease, he's out of luck - would change the locks and dump his stuff on the street - he then becomes a trespasser if he wants back in (call the cops) - but would double check w/ a lawyer (or the cops, legal aid etc) or someone who knows for sure - and do it fast

If you rent it out again, would also keep in mind that talk is cheap - verify everything - don't fall for any sob story etc.

Good luck -

Quote:
Originally Posted by hongbearr View Post
Hi all:

I live on California and I'm taking care of a property for an elderly woman who is not able to take care of it herself. I just rented the house to someone who seemed really nice and did not run a credit check on him (my 1st mistake ). At the time I did not know that he had just been evicted out of another place for not paying rent.

He told me that he would bring me the 1st months rent and security deposit right after he picks up the keys and unfortunately, I believed him and gave him the keys without demanding for payment right away (my 2nd mistake )

Now he is moved into my place and he has not paid a penny and I'm not able to collect from him. He always says he has a wire transfer coming from a property deal, but he has been saying that for the past 3 weeks and he had promised me at least 10 times but never gave me any money.

My understanding is that to legally evict him, I would have to serve him a 3-Day notice and then file an Unlawful Detainer. But that would take at least 2 months, if not more. Since he had not paid anything at all, and had not even signed a lease, does anyone know if I can just call the local police department and have him removed for trespassing or something similar?

This is very painful for me . Any advise will be greatly appreciated! Thanks!

Last edited by Honeycrisp; 07-31-2009 at 01:05 PM..
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Old 07-31-2009, 12:14 PM
 
Location: Minnesota
1,481 posts, read 3,170,440 times
Reputation: 2377
GGGRRRR... yep stupid mistakes on your part but your a nice person and tried to be trusting ..
PERSONALLY I would put a loaded gun up his nose and snarl git in a less than kindly tone ..
I know what the law says but sometimes the law isnt fast enough .. folks like this guy have been playing the system so long they know your in a rock and a hard place .. and thats why my suggestion ..
call the cops? hah good luck they will likely tell him HIS rights ( which he already knows btw) .. and you gotta be nice then.. what he is doing is THEFT of services and I will never understand why we landlords cant get folks like this arrested and jailed while the crime is being commited ...

worst tenant I ever had was my own grandkid ..he just killed it for any of the others to come stay for extended time I trusted him unfortunally .. with strangers I was way more careful ( credit/background checks ) GOOD LUCK getting your money and him out anytime soon ...

mebbe you could invite some of the local MC folks over for a chat with him? they enjoy helping nice folks :: chuckles softly ::: yes I am bad ..
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Old 07-31-2009, 12:43 PM
 
Location: Clermont Fl
1,715 posts, read 3,948,877 times
Reputation: 1227
Quote:
Originally Posted by hongbearr View Post
Hi all:

I live on California and I'm taking care of a property for an elderly woman who is not able to take care of it herself. I just rented the house to someone who seemed really nice and did not run a credit check on him (my 1st mistake ). At the time I did not know that he had just been evicted out of another place for not paying rent.

He told me that he would bring me the 1st months rent and security deposit right after he picks up the keys and unfortunately, I believed him and gave him the keys without demanding for payment right away (my 2nd mistake )

Now he is moved into my place and he has not paid a penny and I'm not able to collect from him. He always says he has a wire transfer coming from a property deal, but he has been saying that for the past 3 weeks and he had promised me at least 10 times but never gave me any money.

My understanding is that to legally evict him, I would have to serve him a 3-Day notice and then file an Unlawful Detainer. But that would take at least 2 months, if not more. Since he had not paid anything at all, and had not even signed a lease, does anyone know if I can just call the local police department and have him removed for trespassing or something similar?

This is very painful for me . Any advise will be greatly appreciated! Thanks!
I do not live in Ca so cannot help you on what to do except evict asap You do not know what you’re doing and in turn you are just hurting the old lady do her a favor and let a real property manager take it over from this point . I would also think that because you were acting as a property manager and you did not check out the tenant you should be held responsible for any cost for damages and lose of income to the property owner.

Last edited by tworent; 07-31-2009 at 01:07 PM..
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Old 07-31-2009, 02:04 PM
 
10 posts, read 27,882 times
Reputation: 12
Quote:
Originally Posted by tworent View Post
I do not live in Ca so cannot help you on what to do except evict asap You do not know what you’re doing and in turn you are just hurting the old lady do her a favor and let a real property manager take it over from this point . I would also think that because you were acting as a property manager and you did not check out the tenant you should be held responsible for any cost for damages and lose of income to the property owner.
Uh you are right. I'm not a property manager. Well, It's all my fault. My mom is disabled and unable to move and of course it's my fault for even helping her. I should have just let her take care of it in a wheel chair. Oh yeah, also, my IQ is 34 because I have a good heart and I did not run a comprehensive background check on the tenant. Furthermore, why didn't I think of hiring a property manager who would probably charge me more than half of the rent? Well, thank you so much for your great advise! Next time, please remind me not to rent to anyone who talks like you.
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Old 07-31-2009, 02:19 PM
 
Location: Minnesota
1,481 posts, read 3,170,440 times
Reputation: 2377
aww dont take it so hard HB.. I truely do understand the fact your were trying to be kind.. unfortunally our present world seems to be fuller of the scum of the earth ( bad tenants ) than the salt (great tenants )we all love to have renting from us .. I think you need to get tough and change the locks and toss his stuff in a dumpster ..

getting ripped off hurts in the heart and the wallet and this sob doesnt care .. he is a squatter and should be arrested for his theiving .. give him a 3 day notice
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Old 07-31-2009, 02:39 PM
 
10 posts, read 27,882 times
Reputation: 12
Thanks Faworki!

Just spoke with the PD. Since he was handed the key he can not be removed for trespassing. They referred me to the sheriff's civil unit who then told me that they can only enforce a court ruling. So I guess unlawful detainer is the only way to go.

I also just found out that he had been evicted 3 times in the last 12 months (all civil lawsuits are public records unless sealed by court).

Since the law is bent backwards for tenant rights, and it takes 2-3 months realistically to evict something through court, it's such a shame that there are people who take advantage of it and live at other people's expense.

Personally, I'd rather treat everyone with kindness until they prove me wrong. It might not be the safest, but I like it better than treating good people like criminals when they haven't proven their good intentions.

Well, thanks I've got paperwork to do and serve...
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Old 07-31-2009, 03:10 PM
 
6,039 posts, read 9,209,887 times
Reputation: 3933
Quote:
Originally Posted by hongbearr View Post
Uh you are right. I'm not a property manager. Well, It's all my fault. My mom is disabled and unable to move and of course it's my fault for even helping her. I should have just let her take care of it in a wheel chair. Oh yeah, also, my IQ is 34 because I have a good heart and I did not run a comprehensive background check on the tenant. Furthermore, why didn't I think of hiring a property manager who would probably charge me more than half of the rent? Well, thank you so much for your great advise! Next time, please remind me not to rent to anyone who talks like you.
A good property manager shouldn't require more than perhaps 15% of the monthly rent.
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Old 07-31-2009, 04:25 PM
 
Location: Minnesota
1,481 posts, read 3,170,440 times
Reputation: 2377
Quote:
I also just found out that he had been evicted 3 times in the last 12 months (all civil lawsuits are public records unless sealed by court).

theres a limit to being kind

I like my first suggestion even better now ..:: chuckles::

It galls me no end that these crappy squatters dont get arrested when reported .. yeh I know that LL/ tenant laws are there for reason but I am sure the oringal intent was NOT to give bozos a free ride
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Old 07-31-2009, 04:38 PM
 
Location: 39 20' 59"N / 75 30' 53"W
15,709 posts, read 22,756,161 times
Reputation: 17451
Quote:
Originally Posted by hongbearr View Post
Hi all:

I live on California and I'm taking care of a property for an elderly woman who is not able to take care of it herself. I just rented the house to someone who seemed really nice and did not run a credit check on him (my 1st mistake ). At the time I did not know that he had just been evicted out of another place for not paying rent.

He told me that he would bring me the 1st months rent and security deposit right after he picks up the keys and unfortunately, I believed him and gave him the keys without demanding for payment right away (my 2nd mistake )

Now he is moved into my place and he has not paid a penny and I'm not able to collect from him. He always says he has a wire transfer coming from a property deal, but he has been saying that for the past 3 weeks and he had promised me at least 10 times but never gave me any money.

My understanding is that to legally evict him, I would have to serve him a 3-Day notice and then file an Unlawful Detainer. But that would take at least 2 months, if not more. Since he had not paid anything at all, and had not even signed a lease, does anyone know if I can just call the local police department and have him removed for trespassing or something similar?

This is very painful for me . Any advise will be greatly appreciated! Thanks!

Get him out now 30 days makes it his residence, this isn't the first time I've
seen this problem on the forum. There nothing more than squatters.

Get yourself some back up a friend someone who will help you, tell him
he's got an hour to pack his stuff and get out, if he doesn't call the police,
lie if you have to and tell them he was disorderly, they'll take him out,
that's when you change the locks.

If you don't do something quickly, its going to cost you more money
when you file in court for an eviction for non-payment. Then he'll
have a court date and you'll have to look at him everyday until a sheriff
comes to put him out. You've got to get as crafty and dishonest now as he has with you.

Let him take you to court, make a judges day with a good laugh.

Last edited by virgode; 07-31-2009 at 04:42 PM.. Reason: pghing
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