Houseguest overstayed welcome and then moved in family member while I was out of town (agreement, tenant)
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My adult daughter and I live in a 3 bedroom house that my son and daughter grew up in in CA. The house was left to my children in a trust and time has come to sell the property and divide the proceeds.
Over 18 months ago I invited a friend (with a teenage daughter) to temporarily move into my home with us so that they could save money to be able to get into a rental. The arrangement was supposed to last 6 months and they were to abide by our house "rules". However, the 2 suitcases they came with has managed to multiply into so many personal possessions that the house, garage and yard are full of clutter. There are mounds of clothes on the floor in the bathroom and piles of dishes in the sink. Bags and trash from take out restaurants are left all over the house. When food is prepared in the kitchen the mess might not get cleaned up for several days (if I don't do it). I returned from vacation last summer to find a 15' enclosed trampoline and an above ground blow up pool taking over my backyard as well as weekend visits from 2 grandchildren. My requests for its removal were ignored.
My son commissioned into the Navy the end of October last year. When my daughter and I made plans to attend the commissioning ceremony and extend the trip into mid November. When I requested my friend to care for my dogs she informed me that she had plans to be out of the house by the time I returned home or soon after. While I was away I got calls from neighbors who had found one of my min pins wandering around in the middle of the street at dusk. He was locked out of the house and there was nobody home to let him back in. I expected that she would be out of the house by Dec 1st and that I would return home to either a vacant home or a bunch of packed boxes. Imagine my surprise when I returned to not only the same clutter but a new resident. Apparently while I was away one of the grandchildren had been enrolled in the local school and now lives in my home.
Many of my personal items have been damaged, destroyed or simply thrown away especially souvenir cups and silverware. My refrigerator is missing pieces. Blinds are damaged. My dining room and coffee tables are ruined from liquid damage and once I walked in on clay for a school project being rolled out directly on my coffee table without anything protecting it. My carpet is destroyed. I can't even park in my driveway because she has a truck with no current registration parked with a flat tire.
There is no rental agreement but each week my"friend" gives me a whopping $50 cash towards the utility bills each week even though we agreed that if she was there longer than 6 months she would be responsible for all house costs specifically the property taxes. She is aware that I have signed with a realtor and the property will go on the market in less than 30 days. I need to prepare the property to be put on the market which means time has come to purge the property of all clutter. While she states she is excited to get her own place her search for a new residence which began last fall has been unsuccessful. While she states that she will go willingly and that a 30 notice is not necessary I have my doubts. There has been no effort on her part to downsize the clutter as she agreed to and now decided it is my job to get her into another place.
Do any of these things warrant issuing a 3 day notice to vacate?
Now she wants you to find her a new place ? ! ? ! You could always give her the name & address of a homeless shelter.
It is obvious that you should have never invited her to stay there. And, the first time that she broke the house rules you should have asked her to leave. And, certainly you should have told her to leave when the six months were up.
I suppose that you never asked for a security deposit, that could have at least paid for a fraction of the likely thousands of dollars in damage that she caused to the house.
I do not know what the legal requirements are to tell her to leave. I would verify the rules and then serve her with the legal notice of eviction. Be prepared to follow all the rules and then maybe the police will be able to get her out when the time comes.
I know someone who used to be a landlord (in a different state) and it often took months, and a couple of thousand dollars in legal fees, to evict a tenant who stopped paying their rent (so months of missing rent, too).
I hate to be so pessimistic but do you really think that you will be able to get the house ready to sell even if she leaves in three days? Maybe if your real estate agent is 6' 5" tall and 250 pounds and comes over with his biker gang buddies they can persuade her to leave a little faster.
Maybe someone else will have some better advice for you. Good luck.
You need to start the eviction IMMEDIATELY. And expect that she is going to fight it long and hard. This person was NEVER your friend. She is using you.
Go straight to a local lawyer who specializes in eviction and pay him to run the eviction. Delay putting the house on the market - it's going to need a lot of reconditioning before sale.
Shame on you for having invited this leech to destroy your children's inheritance.
You need to start the eviction IMMEDIATELY. And expect that she is going to fight it long and hard. This person was NEVER your friend. She is using you.
Go straight to a local lawyer who specializes in eviction and pay him to run the eviction. Delay putting the house on the market - it's going to need a lot of reconditioning before sale.
Shame on you for having invited this leech to destroy your children's inheritance.
And even more for lying down for it.
Because you've let this situation go for so long, she now has all the legal rights of a tenant. Depending on your state, it may be very difficult to get rid of her.
My adult daughter and I live in a 3 bedroom house that my son and daughter grew up in in CA. The house was left to my children in a trust and time has come to sell the property and divide the proceeds.
Over 18 months ago I invited a friend (with a teenage daughter) to temporarily move into my home with us so that they could save money to be able to get into a rental. The arrangement was supposed to last 6 months and they were to abide by our house "rules". However, the 2 suitcases they came with has managed to multiply into so many personal possessions that the house, garage and yard are full of clutter. There are mounds of clothes on the floor in the bathroom and piles of dishes in the sink. Bags and trash from take out restaurants are left all over the house. When food is prepared in the kitchen the mess might not get cleaned up for several days (if I don't do it). I returned from vacation last summer to find a 15' enclosed trampoline and an above ground blow up pool taking over my backyard as well as weekend visits from 2 grandchildren. My requests for its removal were ignored.
My son commissioned into the Navy the end of October last year. When my daughter and I made plans to attend the commissioning ceremony and extend the trip into mid November. When I requested my friend to care for my dogs she informed me that she had plans to be out of the house by the time I returned home or soon after. While I was away I got calls from neighbors who had found one of my min pins wandering around in the middle of the street at dusk. He was locked out of the house and there was nobody home to let him back in. I expected that she would be out of the house by Dec 1st and that I would return home to either a vacant home or a bunch of packed boxes. Imagine my surprise when I returned to not only the same clutter but a new resident. Apparently while I was away one of the grandchildren had been enrolled in the local school and now lives in my home.
Many of my personal items have been damaged, destroyed or simply thrown away especially souvenir cups and silverware. My refrigerator is missing pieces. Blinds are damaged. My dining room and coffee tables are ruined from liquid damage and once I walked in on clay for a school project being rolled out directly on my coffee table without anything protecting it. My carpet is destroyed. I can't even park in my driveway because she has a truck with no current registration parked with a flat tire.
There is no rental agreement but each week my"friend" gives me a whopping $50 cash towards the utility bills each week even though we agreed that if she was there longer than 6 months she would be responsible for all house costs specifically the property taxes. She is aware that I have signed with a realtor and the property will go on the market in less than 30 days. I need to prepare the property to be put on the market which means time has come to purge the property of all clutter. While she states she is excited to get her own place her search for a new residence which began last fall has been unsuccessful. While she states that she will go willingly and that a 30 notice is not necessary I have my doubts. There has been no effort on her part to downsize the clutter as she agreed to and now decided it is my job to get her into another place.
Do any of these things warrant issuing a 3 day notice to vacate?
Do people not realize that someone becomes a legal tenant after staying at a place for long enough? NEVER invite anyone to live in your home without at least drawing up some sort of rental agreement.
As others have said, call an attorney, because if you do it wrong, the tenant could make your life even more miserable.
Good luck getting rid of them. You're probably going to need it.
Do any of these things warrant issuing a 3 day notice to vacate?
I don't know, but I didn't realize that in California, if someone resides in a place for more than 30 days, they are considered a tenant regardless of whether they signed a lease. So that works in your favor.
My adult daughter and I live in a 3 bedroom house that my son and daughter grew up in in CA. The house was left to my children in a trust and time has come to sell the property and divide the proceeds.
Over 18 months ago I invited a friend (with a teenage daughter) to temporarily move into my home with us so that they could save money to be able to get into a rental. The arrangement was supposed to last 6 months and they were to abide by our house "rules". However, the 2 suitcases they came with has managed to multiply into so many personal possessions that the house, garage and yard are full of clutter. There are mounds of clothes on the floor in the bathroom and piles of dishes in the sink. Bags and trash from take out restaurants are left all over the house. When food is prepared in the kitchen the mess might not get cleaned up for several days (if I don't do it). I returned from vacation last summer to find a 15' enclosed trampoline and an above ground blow up pool taking over my backyard as well as weekend visits from 2 grandchildren. My requests for its removal were ignored. stop being so nice .. Take that trampoline apart and toss it.. ITS YOUR YARD.. you sound like your scared of ths woman.. don't be .. get a backbone and remove the clutter via good will a big dumpster or a free cycle ad..
My son commissioned into the Navy the end of October last year. When my daughter and I made plans to attend the commissioning ceremony and extend the trip into mid November. When I requested my friend to care for my dogs she informed me that she had plans to be out of the house by the time I returned home or soon after. While I was away I got calls from neighbors who had found one of my min pins wandering around in the middle of the street at dusk. He was locked out of the house and there was nobody home to let him back in. I expected that she would be out of the house by Dec 1st and that I would return home to either a vacant home or a bunch of packed boxes. Imagine my surprise when I returned to not only the same clutter but a new resident. Apparently while I was away one of the grandchildren had been enrolled in the local school and now lives in my home. CALL CPS and report the stolen child .. ::smirks:: case work will make the child go home if you as the homeowner stand up and demand the child be removed since its not yours ..
Many of my personal items have been damaged, destroyed or simply thrown away especially souvenir cups and silverware. My refrigerator is missing pieces. Blinds are damaged. My dining room and coffee tables are ruined from liquid damage and once I walked in on clay for a school project being rolled out directly on my coffee table without anything protecting it. My carpet is destroyed. I can't even park in my driveway because she has a truck with no current registration parked with a flat tire.<<<< have it towed .. its a junker and your gonna get a ticket if you don't .. she doesn't have free storage privialges
There is no rental agreement but each week my"friend" gives me a whopping $50 cash towards the utility bills each week even though we agreed that if she was there longer than 6 months she would be responsible for all house costs specifically the property taxes. She is aware that I have signed with a realtor and the property will go on the market in less than 30 days. I need to prepare the property to be put on the market which means time has come to purge the property of all clutter. While she states she is excited to get her own place her search for a new residence which began last fall has been unsuccessful. While she states that she will go willingly and that a 30 notice is not necessary I have my doubts. There has been no effort on her part to downsize the clutter as she agreed to and now decided it is my job to get her into another place.
Do any of these things warrant issuing a 3 day notice to vacate?
Stop being such a woosie and tell her to get her kid and her crap and GTFO You are being to nice and she IS taking advantage of you.. I supect she is a professional mooch and your gonna have to enforce the GTFO order with a eviction which will take forever but .. unless you start standing up for your self things wont change I would however STOP taking any money from her and make her life uncomfortabale and nerve racking while she squats in your house .. .. yeh bang thump play rude music .. make her want to leave .. it is your house after all.. she wont goe unless you make it hard for her to stay.. .. run a chainsaw in the living room at 2 am and tell the mooch your tuning it up .. GAH moochers and squatter ***** me off bigly
It's difficult to evict tenants in CA. It takes 6 months. However, if it's a single tenant living under your roof, in some cases you don't need an eviction -- you can just call the cops and have them removed. Talk to a lawyer.
I really hope this is a troll post because if not, you're more than halfway to losing your house to these people. They enrolled the grandchild in a local school? So they have ID showing your address as their own? They've been living there for over a year with no rental agreement and you allowed them to move in furniture and yard items and clothes and clutter? Trust me, this woman knows way more than you do about housing law and plans to end up owning your house. You need a lawyer yesterday because the second you serve an eviction notice, you're going to see this person turn into the devil and accuse you of horrible things and call the police on you and honestly, I feel sick because this doesn't end well.
Can you get them all out of the house at the same time and change the locks and keep them out? If you can, do it, and let them make their complaint from outside.
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