PDA

View Full Version : evictions



jpeaston
06-05-2006, 04:10 PM
I just served a three day notice to pay or quit to one of my renters, I got a funny feeling they are not going to pay. Any advise from the ***boaters?

Nord
06-05-2006, 04:14 PM
Evicting is a very hard thing to do.........
I would talk to a lawyer of the correct procedure. Is it a intense bulletproof lease, or a fabricated Staples one??
~NORD~

Focker
06-05-2006, 04:14 PM
If You're In Calif You're Basically Focked

RitcheyRch
06-05-2006, 04:18 PM
Most likely they wont pay and will string out the process for 6-9 months. Might want to call the local police and see what they tell you as well. They will inform you of your rights.

jimslade
06-05-2006, 04:18 PM
Call the league of American Indians and tell them you think your basement is an old indian burial ground. They will have them out before nightfall.

dc96819
06-05-2006, 04:44 PM
After 3 day notice file the papers in court have them served.
Everything needs to be done right.If your not familar with the setps
get an a attorney,or ask a paraleague.3 day notice Illeague activity or rent is kinda late i think.

Jim W
06-05-2006, 05:24 PM
I had problems with a renter.
Wouldnt leave so I waited untill they went to work and I removed all the windows and doors. Told them they were welcome to stay untill the eviction papers were done. I just needed to do some repairs on the windows and doors!!!
They were gone the next day.
Hey----- it worked for me!!!
Be good, Jim

YeLLowBoaT
06-05-2006, 05:28 PM
I had problems with a renter.
Wouldnt leave so I waited untill they went to work and I removed all the windows and doors. Told them they were welcome to stay untill the eviction papers were done. I just needed to do some repairs on the windows and doors!!!
They were gone the next day.
Hey----- it worked for me!!!
Be good, Jim
Now that is Very bad advice. That will get you sued.( and they will win) As a landlord there are things you must provide by law.( untill the paper work is done you must provide them.) By intentionaly removing/turning off one of them will mean big fines and even bigger lawsuit agianst you.

GRASS PAY$
06-05-2006, 05:54 PM
I just served a three day notice to pay or quit to one of my renters, I got a funny feeling they are not going to pay. Any advise from the ***boaters?
kICK union jack off the boards then

ratso
06-05-2006, 05:57 PM
An AR-15 once worked pretty good for me.

rerfert
06-05-2006, 06:08 PM
When one lease ends another must begin...Rent the place out to about 6 of your wild biker type friends,with a few kegs of beer,Harleys in the living room,let the party get started....The previous renters will be out shortly.

whiteworks
06-05-2006, 06:14 PM
I just got rid of a tenant a few months ago. I didnt have a pay or quit type situation the rent was always on time. gave him a 30 day termination of tennancy notice. I also threw in his last months rent for free to help him with his transition. I was pretty lucky cause it went real smooth. if they are professional scum there isnt much you can do except file the proper paper work and just go through the process. they can make some B.S. legal moves to drag out the process but eventually you will get them.

CBadDad
06-05-2006, 06:47 PM
Has this been an ongoing problem or is this the first time? Have you tried talking to them and find out what the situation is or did you just post the three day pay or quit notice in the screen door? Good luck, try and be cool because if they're really scumbags they'll destroy your place and it'll cost you more in the long run. Good luck.

YeLLowBoaT
06-05-2006, 07:01 PM
Good luck, try and be cool because if they're really scumbags they'll destroy your place and it'll cost you more in the long run. Good luck.
This is very true. I repaint about a 3 rentals a month( one long day but $$$$$$) In almost every case were some one was thrown out, there was thousands in damage. I did a complete remodel not too long ago on a rental where there was a fight to get them out... the bastards took every thing... and I mean every thing. Cabinets, fixture, water heater, outlest and switchs,Breaker panel, the doors and the casings ( just sawzaled right out), every bit of molding, the carpet and even the tub. They also broke every window and took a hammer to every wall. They did 38k in damage( I know I got most of it :crossx: well not really me i just got paid the labor...)Thank god the guys INS covered it. Now granted that the extreme, tipically they do some where betwen 1-3k in damage/mess.

jpeaston
06-06-2006, 09:24 AM
Its been bad news from the get go. The second months rent came in 7 days late, after the deposit check bounced. The third months rent is still 500 short, they since paid the deposit, and 4th months rent(late), and I haven't seen anything for June.
I am a very forgiving guy/bad landlord but they have definately pissed me off. When he was short the one month it was because he got laid off from a construction job, which is hapening in the industry, I got him a job at a friend's construction company and he no showed the first day. They accepted the house as-is per my CAR contract, but I being a nice guy replaced the carpet when they paid the deposit because it really was bad. I called yesterday to locate this months rent and the wife tells me shes already paid it, no she didn't. I call a law enforcement friend to do some background on evictions, he runs the guys name and he is currently behind bars.
I have talked to the civil unit of the county sherriffs office and am ready to go to war, Thursday at 9am I'll be at the courthouse if you're looking for me.

C-2
06-06-2006, 09:49 AM
Evictions for non-payment are pretty basic:
You file an Unlawful Detainer
You have them served (you cannot do this since you are a party to the action. In fact it should be done by a registered process server to comply with CCP 415.46)
They will have 5 days to respond to the court (it costs them money too unless they get a fee waiver)
If they respond, you need to set a trial date.
If they don’t respond, you enter their defaults and forward a Writ to the Sheriff.
If it is set for trial, you will get a court date within 2-3 weeks.
A good unlawful detainer trial should take about 5 minutes; a bad one no longer than 10.
You will be awarded possession of the premises, but will have to file a Writ with the Sheriff to place you back in possession. You file the Writ paperwork with the Sheriff.
Within a week or two after the court date, the Sheriff will serve or post a final 5 day notice upon the tenants.
On that 5th day, rain or shine, on their deathbed or not, the Sheriff will physically remove the tenants from the premises. You will need to sign for possession and have a locksmith present to re-key the locks (and or get the Sheriff’s in the unit of they refuse to answer the door).
You then become responsible for the tenants personal belongings, I believe for ten days or so. After that you can go thru a Notice of Abandonment process if they don’t pick their stuff up.
If they have pets/animals – you have to care for them until the expiration of the ten days (pets are considered personal property).
Have fun.
BTW – this is probably the only time I would say looking for an attorney in the Pennysaver might work. They usually do UD’s for $350-$600, and if you have a standard rental agreement with an attorney fees provision – then the costs can be included in your judgment.

Family Jewell
06-06-2006, 09:50 AM
Its been bad news from the get go. The second months rent came in 7 days late, after the deposit check bounced. The third months rent is still 500 short, they since paid the deposit, and 4th months rent(late), and I haven't seen anything for June.
I am a very forgiving guy/bad landlord but they have definately pissed me off. When he was short the one month it was because he got laid off from a construction job, which is hapening in the industry, I got him a job at a friend's construction company and he no showed the first day. They accepted the house as-is per my CAR contract, but I being a nice guy replaced the carpet when they paid the deposit because it really was bad. I called yesterday to locate this months rent and the wife tells me shes already paid it, no she didn't. I call a law enforcement friend to do some background on evictions, he runs the guys name and he is currently behind bars.
I have talked to the civil unit of the county sherriffs office and am ready to go to war, Thursday at 9am I'll be at the courthouse if you're looking for me.
I hate to hear you are experiencing problems. I have evicted before and it's not that bad. Here is my number 619-401-3033 . Call me and I will give you some direction.

Screaming Pete
06-06-2006, 09:54 AM
In san diego there is a lawyer, Smith and assoc on camino del rio south. its his specialty, fast tract. has a web site also

lakewake
06-06-2006, 10:17 AM
Befor you go postal rent the movie Pacific Heights with Michael Keaton and Melanie Griffith.You'll thank me.
http://a1596.g.akamaitech.net/f/1596/1167/1d/images.columbiahouse.com/content/art/dvd/cover/02/89/028944_dba_dtl_01.jpg
Description
In this terrifying suspense thriller, a couple buys their dream house and rents the first floor apartment to the perfect tenant (Michael Keaton). But things turn upside down when he turns out to be a dangerous scam artist! The hilly San Francisco neighborhood sets the eerie scene.

Flying Tiger
06-06-2006, 11:34 AM
Ariz and Nev the system is with you.
You can get them out in about a week.
If in Cali,, it can take some time.
Some Lawyer named Cats or Kats was the guy I used once quite some time ago. He did it all. Ya might google him.
If it's a roomate, their are no single room occupancy laws here in Calif yet. And if you have no lease or rental agreement,, you can simply change the locks.

jpeaston
06-07-2006, 08:36 AM
thanks guys

DCBob
06-07-2006, 01:48 PM
thanks guys
If you can still communicate w/tenant try to buy him out by offering his security deposit/past due rent back if he will just vacate in a very short window of time. He goes away money ahead and no Unlawful Detainer on his rental record you go away a lot happier/wiser and sooner. Next time spend the time to do the proper screening. Good Luck.

Rock-A-Bye-Baby
06-07-2006, 02:43 PM
Call the league of American Indians and tell them you think your basement is an old indian burial ground. They will have them out before nightfall.
that right there is FUNNY...

NashvilleBound
06-07-2006, 04:22 PM
I always have our attorney serve all papers. Keeps me outta the loop and guarantees its by the book. Two weeeks ago I went to check on one of our homes as he was late with the rent....garage door was in the front yard mangled, opener was gone and house was thrashed. Complete new carpet and paint. Hole so big in drywall you could crawl through.....amazing. (just venting) Use your attorney. :rolleyes: