Illegal lady tenent in pool house blackmailing...help! (renting, tenant)
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OP, if it is only a few months, then ok. Plus she hasn't been paying you rent. Just get a good lawyer or a legal assistant. Know how much trouble you might be in. The city might at the max fine you or give you some sort of warning. It varies by city. So find that out. Once that is in , just tell her you have reported yourself to the city and so are now going to the Sheriff for eviction . Be decent about it and if she moves good. If she is a bit nutso-as in dangerous nutso-then best get the Sherriff involved.
It seems though that your parents are nice, kind folks and this woman just saw a good deal and is taking advantage of it. It could just be all bluff on her part, because she knows your parents are afraid. Did your folks tell her it was illegal and not to tell the cops or some such-just wondering how she knows? Anyways if she is not dangerous, figure out how much doo doo you are in and then go from there.
But yes don't turn electricity or water off-she could do something herself and blame it on you. LIke those folks who slip and fall in Walmart and turn around and sue them! Get her out.
If your parents are still hurting financially, maybe they can take in a roomate or two in the regular house and when you guys visit, you can live in the pool house?
Anyways get rid of that woman ASAP-she sounds more like a schoolyard bully that takes your lunch money than a serious loony tune.
That's a good question (the "how long?" question) and I don't want to glaze over it but I do want to say that no matter how long it's been, the landlords have been collecting income, large or small, without claiming it. (AFAIK, any income over $600 over the course of a year has to be claimed...is that right?)
So even if she's only been there for three months, that's $2100 in unclaimed income; if she's been there for six months, that's $4200...and so on.
I think the biggest point of the illegalities here is that the landlords rented *after* the town specifically told them "no," or that's what I got from the OP, anyway. They really can't even say they didn't know, etc...they knowingly went into this with the express information that it was (is) illegal. That's provable by the town's records of having contacted them (the landlords). Otherwise, why would they be so worried about trying to evict this lady? This is the entirety of how she's blackmailing them. (Hence, removing that threat entirely--by coming clean themselves--is the only reasonable solution. Ms. Crazy-Lady Tenant can't "tell on" them if they've already told on themselves and after that point, what does she have? Nothing--except an eviction notice, in the end.)
And it was the OP himself who was saying that's what they're afraid of--being found out as illegal renters. But it's likely that if the landlords come clean of their own volition, the IRS and perhaps the town as well will go a tad easier on them. Again, it's not guaranteed that this would be the case--but they sure have a better case behind them than if they were reported and THEN said, "Oh, yeah. We'll pay the taxes we owe." This is especially important (I feel) if this is going to turn into a lawsuit for whatever reason--the OP's parents really can't claim themselves as aboveboard people who gave this lady a place to stay in good faith, if they then had to be dragged into admitting they'd been renting, and dragged into paying what any person with a similar income would owe in taxes.
That's why so many of us are saying to square things with the IRS. It isn't even the tax money per se that's so important with that action. It's the "coming clean" part, where the state, county and government see that the landlords are making good of their situation and repairing things...so that the crazy-lady tenant will no longer have that to hold over their heads. Owing money is incidental, but also virtually guaranteed, so of course we're talking about the actual taxes when we bring the issue up.
If she moved in any time in 2009, then they can just add it to the 2009 return. If you already filed, then just do an amended return.
if shes not paying rent, then shes not a tenant, shes just someone living on their property that refuses to leave, id file a restraining order and have the police escort her off the property.
If she moved in any time in 2009, then they can just add it to the 2009 return. If you already filed, then just do an amended return.
Oh, duh, I don't know why I didn't even think of this...it's only March so maybe the OP's parents haven't filed 2009 yet at all.
In that case they need only worry about the town and the town's informing them that they can't have a tenant. But they do need to address that in advance--IMO. They're afraid because they know they have this secret that could get them into trouble. It's my opinion that if they do the "telling on" themselves rather than waiting for this lady to blow the whistle on them...then maybe, just maybe the town will go a little lighter on them. No guarantees but surely they have a better chance of getting on the law's good side this way, than if they wait for someone to blow the whistle on them, even if it is a crazy tenant lady. But all this aside...the main fear is that they will be told on...if they tell on themselves and accept the consequences, then they no longer fear this lady because she has nothing else over them.
I would rather pay the piper myself than be forced into it when I'm not expecting it, on someone else's initiative, with me having to be on the defensive in that case.
Sparklez, she is paying rent ($700/month according to the OP).
So my parents illegally rented out their pool house to help out the house payments and it's turned out to be a huge mess.
Information on the pool house: bathroom (sink, toilet and shower), outside sink, main room, a side room about the size of a big closet
Two doors as well as a a sliding door.
The pool house is located on the back of the property behind the pool. Initially my parents didn't know it was against the law to rent out the pool house until they posted an ad for a new tenant once the old tenant moved out. The city alerted them that they cannot do that. When we first moved into the house a tenant had been living there from the previous owner.
My mom's co-worker was looking for a place and my mom thought that this would be a good opportunity to make a little extra cash and help out. She asked for 700 a month that's with utilities included and she threw in some furniture as well. They live in a nice neighborhood about 35 minutes away from L.A. This is where it gets complicated. The new tenant is quite the character. When she first moved in, it wasn't too bad. She asked that our dogs be tied up when she came and left for work. Then she asked they be tied up at all times unless we were outside present. Slowly she started to make demands threatening to not make payments if we didn't comply. Such as fixing a walkway or cleaning the backyard and then it moved on to providing air conditioning and the list kept growing from there. When my parents got angry she threatened to alert the officials about them renting out the pool house illegally and for tax evasion. She knew when she moved in that we were renting the pool house illegally and she started to use that against them. They got scared and did everything she asked. I didn't know about any of this until recently my dad told me that she was getting out of control. The roof was slighty leaking due to the heavy rain and she demanded it be fixed. She had alot of luggage in the room and so my dad was hesitant but she withheld rent so he agreed to fix it. She is now stating that she isn't going to pay rent at all and that if they kicked her out that she would alert the authorities. She put her own lock on the door and won't let them look inside and she won't open the door to talk.
My parents are not sure what they can do that this point. Ideally my parents would like her to leave but she doesn't seem like she'd go quietly. Legally is there anything we can do? They are regretting renting out the pool house and just want her to leave (they were just having a really hard time financially, both me and my sister are still in college and can't really help out.) They've already offered to pay the full cost of moving but she isn't budging.
P.S. I know what my parents did was illegal but I think it is understandable as well. She yells at my mom and dad both routinely and I am so angry but I don't want to approach the situation until I know exactly what my options are.
I know this was really long and I thank you for reading!!!
ok, I am not a lawyer nor are most of us, but I would kick her out, call her bluff and if she does report your parents they will have to take their lumps. This will be the only way to put a stop to what she is doing..
Didn't you say you had dogs on the property that she doesn't like? Let them loose.
Did she pay your parents in cash or a check when she did pay? If their is no paper trail their is no rental.
Does the woman and your parents have a rental agreement? If not kick her out, get the police involved to have her escorted off the property.
I would call code enforcement and get them out. Your parents want to be in compliance and the tennant will not leave and is holding one over on them. Let code enforcement work in your favor.
What tax problem, she is not providing any rental income.
The judge will love this case, I promise you. Take her to court if nothing else works.
The first thing your parents need to do is to amend their tax returns for all those years where they collected rent. They will have to pay tax,interest, and possibly some penalties. Tax avoidance is serious and if they amend their returns the penalties will be small. If they get turned in then they will have serious problems.
After that is done they need to start the eviction process. Let a judge determine what is to be done. The judge will not like the idea that they are being blackmailed/extorted. They may want to hire a lawyer for this; they should definitely consult one, it is not as expensive as most people think and it will prevent them from making a potentially serious mistake.
Your parents could also file a police report for extortion. But I would do that after taking care of the taxes.
Good advice, the tax avoidance issue is rather significant, and this needs to be taken care of immediately.
Didn't you say you had dogs on the property that she doesn't like? Let them loose.
Did she pay your parents in cash or a check when she did pay? If their is no paper trail their is no rental.
Does the woman and your parents have a rental agreement? If not kick her out, get the police involved to have her escorted off the property.
I would call code enforcement and get them out. Your parents want to be in compliance and the tennant will not leave and is holding one over on them. Let code enforcement work in your favor.
What tax problem, she is not providing any rental income.
The judge will love this case, I promise you. Take her to court if nothing else works.
If she is bitten by the dog(s) and takes it to court, the illegal rental issue may become a significant problem. If the parents claim that the dog was on their property, the tenant can claim she shares the property. This will be a difficult situation for the parents.
Also, code enforcement would likely cite/fine the property owner for the rental violation. Again, this gets to the illegal rental, and the failure to claim rent payments in tax returns (state and federal).
if shes not paying rent, then shes not a tenant, shes just someone living on their property that refuses to leave, id file a restraining order and have the police escort her off the property.
This is a really good point. Were you parents paid in cash? Was there an oral lease? If Yes to both, then it is crazy lazy's word v. your parents that the house was even leased. Your parents could simply have been a nice couple who let a coworker stay in the pool house for a short period. That takes care of the tax and ( maybe) the city code violation issue.
If there is no proof of lease or payment then she becomes a trespasser the minute your parents ask her to leave and she does not.
Without proof of a lease, what is she going to ask a judge to enforce? Without proof of a lease, what will she show to police to show that she has a RIGHT to live there when they evict her?
-Someone earlier in the thread made a good point about 09 tax filings. If they have not even filed yet, there is no evasion. In fact even if they did, they can still file an amended return. No biggie there.
You should probably talk to a lawyer, even for a brief consult.
I would get her blackmail on tape (and in a letter), if possible. It's illegal. Your parents could then tell her "If WE go down, you're going down with us."
And, of course, if she was paying cash, the whole point is moot.
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