How to evict freeloading guests (CA) (evicting, carpet, record, legally)

[eamestoplease]

I don't know how much time has to pass until a non paying guest is considered a tenant. I suppose if you invite someone over for dinner and they refuse to leave you might have to evict them. If the cops come and they lie and say they're living there then cops don't want to get involved and tell you to take it up with the courts. Hard to believe but you even have to go through the courts if you want an adult child to leave and they refuse.

[mathjak107]

Originally Posted by eamestoplease

I don't know how much time has to pass until a non paying guest is considered a tenant. I suppose if you invite someone over for dinner and they refuse to leave you might have to evict them. If the cops come and they lie and say they're living there then cops don't want to get involved and tell you to take it up with the courts. Hard to believe but you even have to go through the courts if you want an adult child to leave and they refuse.

in nyc its 30 days

[JanND]

Serve them 30 day notice to pay or quit (all the rent due for 1 yr.) File those papers w/ court. Your landlord tenant info for your area should have all the info. I believe once they don't pay, you can them have sheriff serve them a 3 days notice. That will scare em. Check w/ an attorney for the legalities in your area. You should never have let it go so long.

I think the rental laws are ridiculous. I believe if it is your house, and someone is trespassing you should be able to call the police and it's done. Such BS

[Ghengis]

I think you have a big, BIG problem now! I believe in California that after this long, you are now legally married to them and not only can you not evict them, but 2/3 of your stuff is now theirs. Just be glad they are stupid and don't make you sleep in the basement.

[Zyngawf]

Originally Posted by 5X5

Am I missing something? This seems simple enough to me. You own the place, they are not your tenants. If you ask them to leave and they don't, they are trespassing. Doesn't matter how long they have been there. A guest is not a tenant.

I was thinking this very thing, because without rent ever being paid where is there any proof they have been there for a year anyhow? I don't know that expensive lawyers really need to get involved in this.

[1AngryTaxPayer]

I'd make them so uncomfortable they'd move. For starters make the bathroom a pay toilet. Next, put child proof locks on the fridge and all other cabinet drawers. Right after that start cleaning all of your weapons in the living room. Often.

[hueyeats]

Don't wait too long for action though... do something NOW!
In 7 years they can even claim that they have dips on YOUR property.

[hueyeats]

Originally Posted by JanND

Serve them 30 day notice to pay or quit (all the rent due for 1 yr.) File those papers w/ court. Your landlord tenant info for your area should have all the info. I believe once they don't pay, you can them have sheriff serve them a 3 days notice. That will scare em. Check w/ an attorney for the legalities in your area. You should never have let it go so long.

I think the rental laws are ridiculous. I believe if it is your house, and someone is trespassing you should be able to call the police and it's done. Such BS

Great advise!!!
Do this but keep your "belongings" (important mail/docs & such) in safe house (like rent a POD, a bank security box, redirect your mail to your relative's address etc.) first, away from any damages these "guests" can do.

[GemgrrlC]

You mean I have someone living with me that moved in LAST January 2013 until he could get on his feet, dumb*** me...ex-husband I have a daughter with...and my mother passed in April 2013..he totally took advantage of me because he knew I wasn't paying attention. He was dismissed from his job and never told me and paid approx. 1000.00 towards ANTHING in over a year. He is no longer wanted there and I have had his mail forwarded to be held there so it does NOT come to my home any longer. WHY do I need an eviction notice of ANY kind? I am the homeOWNER and he is not on the deed!!!! I need him gone. My doctor said my stress level is over a 10. I am giving him two weeks and that is it...I will have him removed. This is bull****...try and do a nice thing and you get screwed. ughj

[Rabrrita]

Originally Posted by GemgrrlC

WHY do I need an eviction notice of ANY kind? I am the homeOWNER and he is not on the deed!!!! I need him gone. My doctor said my stress level is over a 10. I am giving him two weeks and that is it...I will have him removed. This is bull****...try and do a nice thing and you get screwed. ughj

You don’t need an eviction notice, you simply ask them to leave at once. That’s it, that’s all to it.

If they don’t leave call the police. When the police arrive, show them your Guest Agreement that states they are legally not a tenant of the premise and understand they are illegal trespassers if they refuse to leave. That’s all you need and the police will throw them out!

Oh, you're saying you have no such agreement? So how are we to believe you’re made up story that the person is a guest and not an actual legal tenant? How would the police know they are not a legal tenant you rented the place to and for whatever reason, you want to throw them pout so you can get more rent from another tenant? Because you have nothing to show they are only guest, the law requires you follow certain steps to protect their rights and your rights. If you throw them out without the benefit of proper legal steps and they go to court and convince a judge they were legal tenants, you’re the one who will be paying them.

The problem you will face is few law enforcement agencies will intervene in a disputed civil matter unless you provide them some official judicial order.