Evicting a 'friend' | FerrariChat

Evicting a 'friend'

Discussion in 'Other Off Topic Forum' started by anunakki, Mar 15, 2007.

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  1. anunakki

    anunakki Seven Time F1 World Champ
    Owner Rossa Subscribed

    Oct 8, 2005
    79,230
    Las Vegas Nevada
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    Jerry
    Okay so I did a search but couldnt find anything that directly addressed my issue.

    About a year ago I let a friend stay at my house. It was not a room for rent situation...no cash has ever exchanged hands. 100% gratis.

    Well the 'friend' has become a filthy slob and Ive gone from the friendly conversations to the 'you have to leave' conversations.

    This person leads me on by telling me they found a place they can move into in 30 days,etc and then when the time comes it always falls through.

    So my question is..can I just change the locks and put their crap in the garage for pickup or do I have to go through a proper eviction process? I am in Los Angeles.

    Thanks in advance

    J
     
  2. Simon^2

    Simon^2 F1 World Champ

    Oct 17, 2005
    12,313
    At Sea Level
    Not a lawyer, so my advice is ueseless, but it seems like he is simply a guest, and you should be able to kick him out. Any notice is purely kindness.

    Let us know how it works out.
     
  3. darth550

    darth550 Six Time F1 World Champ
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    Jul 14, 2003
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    I he has utilities in his name there (or a lock on his door) you have a problem. Call a landlord/tenant atty and get the right answers.
     
  4. anunakki

    anunakki Seven Time F1 World Champ
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    Oct 8, 2005
    79,230
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    Jerry
    Nothing in their name and no lock on the their door.

    I was trying to avoid calling an attorney because Im sure they will find a way to charge me for something I can accomplish for free if I just ask around for a similar experience.
     
  5. darth550

    darth550 Six Time F1 World Champ
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    Have you considered just getting a couple guys and putting his stuff in storage? Tell him you care so you even paid the first month (or some something like that) to forestall any kind of a confrontation.... I dunno.

    It may be a PITA but it will solve your problem....
     
  6. WILLIAM H

    WILLIAM H Three Time F1 World Champ

    Nov 1, 2003
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    Marsghalls usually evict people

    You'll have to pay them for this

    if ghe moves a Baby Moma in there it could be a lot tougher for you

    it may pay for you to help get him into another lease
     
  7. bpu699

    bpu699 F1 World Champ
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    Dec 9, 2003
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    I think you can remove them, but have never been in this situation. It does not appear that you have a "contract" of any type.

    CYA, give them 1 month written notice that they need to move out. As they aren't paying rent, can't see a need for a 3 day Pay or Quit. Its your HOUSE (not a rental). They aren't paying RENT. They are basically VISITING.

    Quite frankly, if they were my "friend", I would just kick their a** out with a couple days notice and call it a day. You are risking very little. What damages do they have??? Hell, folks can kick out their own kids, who might have lived there for 18 years, with no repurcussions...

    GOOGLE is your friend http://answers.google.com/answers/threadview?id=369042
     
  8. Lee in Texas

    Lee in Texas Formula Junior

    Oct 21, 2006
    685
    near Austin, TX
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    Lee
    With 30 days notice, he might decide to take some of your stuff out of spite or a feeling of entitlement. Just throw his ass out.
     
  9. SGM

    SGM F1 Rookie
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    Sep 27, 2006
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    I was thinking the same thing. Throw him out and change the locks.
     
  10. BLUROAD

    BLUROAD F1 Veteran

    Feb 3, 2006
    6,081
    Tustin Ranch, Cali
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    Enrico Pollini
    Here is what you do. YOu go down to the court house and file a complaint charge with the judge. You state in your written complaint that he has verbally threatened you with a gun and you are looking for help getting him out of your house. THe judge will see this letter with in about 2 days and grant you a restraining order and an imediate move out eviction order. YOu drive back down to the court house and pick up the paper work and call the sheriffs office. You kindly make an appointment with the sherriffs office and they will show up with a taxi cab and the guy has 20 minutes to pack his things and move. You do not have to be there if you want to avoid confrontation. Or you can stand in your living room and make sure he behaves himself. I guarantee he will looking at those officers. And yes it works I have gone threw this. JJ
     
  11. gblogger

    gblogger Formula 3

    May 2, 2004
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    DO NOT DO THIS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    I had someone living with me and she went back to drugs. I found like A LOT of coke (12+ ounces). They would not give me a fast tracked eviction even though there was a child here often.

    Get him to move his stuff out, and that can be viewed as a voluntary eviction on his part. Or.........go see a lawyer. You don't want to make a mistake.



    EDIT: Filing a false report is against the law.
     
  12. Dcup

    Dcup F1 Veteran

    Jan 3, 2005
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    Claude Balls
    jsut call a cop - have him removed.......
     
  13. Fastviper

    Fastviper F1 Rookie

    Nov 20, 2003
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    Dash
    Buy some bunk beds for his room and move in some homeless people and when he asks say "well I am opening these rooms up to become a free homeless shelter."
     
  14. SrfCity

    SrfCity F1 World Champ

    I'd just have his stuff moved out and locks changed when he arrives. Make sure you document everything with pics/video and have a witness to your actions. If it gets nasty in any way just call the cops. I'm pretty sure without any legal this guy is just a free loader. A loser like this will come crying once he realizes what's happened so be prepared.
     
  15. gblogger

    gblogger Formula 3

    May 2, 2004
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    Let's see....

    He's lived there for a year. Does his mail go to your house? Does his license show your address as his address? I can go on. Even if you call the cops, what are they going to do, from the looks of it, the guy has a legal claim that he lives there.

    Sometimes a little cost will make your life better.
     
  16. BLUROAD

    BLUROAD F1 Veteran

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    The law states if someone lives at your residense for 30 days then it is there residense as well. JJ
     
  17. ^@#&

    ^@#& F1 World Champ
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    Feb 27, 2005
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    Say these two words over and over, "Get out!" :D
     
  18. 8 SNAKE

    8 SNAKE F1 Veteran

    Jan 5, 2006
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    Good idea, go find a judge and lie directly to him/her. That will certainly help your case when your "guest" decides to take this battle through the legal system.
     
  19. 8 SNAKE

    8 SNAKE F1 Veteran

    Jan 5, 2006
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    I'm going to play devil's advocate for a second. If your "friend" has been living in your home for about a year, the law may say that the "friend" can reasonably expect that he has residence there. This may give him some rights, it may not.

    Personally, I'd spend a little money on the front end and talk with an attorney. At the very least, it should save you a ton of headaches down the road. At best, it could prevent you from falling victim to some type of lawsuit that you never saw coming.
     
  20. anunakki

    anunakki Seven Time F1 World Champ
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    Oct 8, 2005
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    thanks for all the posts

    the 'friend' is a female. Not a girlfriend..never was..just a friend. Her mail does come here but her drivers license and all other legal docs are registered at her mothers address.

    I had heard something about a 30 day residency clause and that was one of the things I was cautious about. But how does one prove she lived there for more than 30 days ?

    And no I dont think Ill file a false police report :)
     
  21. ^@#&

    ^@#& F1 World Champ
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    Feb 27, 2005
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    tell her you have feelings for her. That'll get her running.
     
  22. 8 SNAKE

    8 SNAKE F1 Veteran

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    Or move Noah in. He repels women. :)
     
  23. BLUROAD

    BLUROAD F1 Veteran

    Feb 3, 2006
    6,081
    Tustin Ranch, Cali
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    Enrico Pollini
    Ok Mike I gave you a chance before bashing my inteligence and quotes. I recomend you make sure of your facts first from here on. I was telling one direction to go by way of personal experiences. I have never lied to a judge nor did I recomend lying. You need to relax your judgemental ways.
     
  24. quartermaster

    quartermaster Formula 3

    Sep 11, 2005
    1,826
    Good thinking!
    Talk to an attorney.
    I've had to evict people before, and the laws in California are very 'tenent' oriented.
    Last time, it cost us about $500--well worth it, but you will probably pay more because lawyers only charge about $150/hr. here.
     
  25. SRT Mike

    SRT Mike Two Time F1 World Champ

    Oct 31, 2003
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    Are things really so bad that you can't figure out how to get her out of there?

    If she keeps coming up with excuses, she ain't trying hard enough. She probably is "passively" looking but needs a fire lit under her ass.

    putting stuff outside and changing locks is pretty dramatic. I would personally think that when you are at this point, it's "no speaking terms" kind of thing and in that case I would just tell them they have 20 minutes to get their stuff and get OUT and if they wanna throw down to try to get to live in MY house, then so be it.

    but it doesn't sound like it's THAT bad yet.

    How about you just say

    "Listen, Mary, I need you to move on out - I was happy to do you a favor and let you stay here, but really, I need my home back. I'll give you 2 weeks (or 1 week or 3 days or 1 day or whateveR) but after that you need to be out. If you're not able to find a place by then you'll need to go to a hotel. I have people coming in the next day (after you leave) and I'm converting that room into an office, so it's a fixed deadline and you need to keep that in mind"

    Pretty direct but not combative. If, at the appointed time, she is not gone, then just tell her she needs to pack her things and leave. If she won't, tell her you weren't joking and she NEEDS TO LEAVE, TONIGHT. If she won't, then you just pack her stuff up and put it outside, and change the lock and tell her if she comes back it will be trespassing and you'll call the police.

    Escalate firmly, politely, and as quickly as you like... but IMO don't skip the in-between steps and go right to the cops.
     

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