Evicting a 'friend'

Are you good with a shovel?

 

Jerry,

You really need to talk with an attorney. Don't put anything in writting or say anything but, "get out". Your words can be turned around against you.

 

You answered your own question. You said she has her mail delivered there right? All she needs to do is show mail dating back over 30 days.

There is an easy legal solution to this. Obviously F-chat is not your best source. Call Dennis Block, he claims to have evicted more people in LA then anyone.(I think it's 230,000 or something) They did a write up on him in the LA Times yesterday. Let us know what the correct solution is?

 

For Gods sakes throw the person out and then their belongings. let them take legal action gainst you. If they can't pay rent they sure as hell can't afford an attorney.

 

Thats all I'm sayin' ! Agree 100%. What lawyer would take this? Seriously?

 

Only one..... a California Lawyer.

 

It really is pretty uncomfortable. Ive had the 'nice and direct' conversations with her in the past. Heres a timeline...

January 06 she needs a place to stay for awhile. She moves in. First couple months are fine..shes very helpful and pleasant.

Around April she starts to get moody...not coming out of her room for days and being snippy when she does. Im pretty patient so I shrug it off.

last June I had had enough and I told her she needed to be out by September. She says " my friend from out of town is moving here and we're going to get a place together.. can she stay here while we look for a month or so ?". I say 'sure'.

Her friend arrives and 6 weeks later leaves...on her own. My friend is still here. So I ended up just being a hostel for someone for 6 weeks.

She has some sob story that the girl that came to visit was crazy and she couldnt live with her and could she please have some more time. So I give her 2 more months to find a place.

Weeks pass and I can tell shes made no effort to find a place with the obvious starting point being getting a job. She hasnt had a job since she moved in. I dont know where she gets the little cash she sometimes has. I tell her again that shes running out of time and she says she's got a room at a friends place but its not available until January..would that be alright with me. I, idiot that I am, say yes.

January comes and the room is, of course, no longer available. During this time several of my friends stop coming over because shes rude and unpleasant to them. They also start to believe there must be 'something' going on between us since she's still staying with me.

Also around this time I get back together with my ex-fiance who meets the friend and ADORES her...she thinks shes great and I should let her stay because she has nowhere to go and its mean to just kick her out...sigh.

In February after just not wanting to deal with this for a month, i tell her she has to get out..yet again...and this time its no joke as my house is on the market. She tells me she will be 'absolutely' out by March 1st. Weeellll I think its March 15th

Shes very manipulative. She is unpleasant, rude and messy 75% of the time.. but as soon as I hit my breaking point she becomes Mary Poppins and cleans the house, washes my car, runs errands and is very sweet.

Now I dont keep her around because she occassionally does these pleasantries..some people I know do think that. I just feel guilty when she does them and cant be mean and tell her to leave. Of course Ive become aware that this is her game and shes just manipulating me... which is why its REALLY time for her to go.

I probably should consult an attorney though what others have said here about her not having any money to pursue legal action ,even if there is some ridiculous law that would protect her, rings true.

I hate situations like this.

Thank you everyone for all the advice. I know I should have just done this a year ago but I hate being mean.

J

 

Yeah, better yet, be the ignorant yahoo, go off half cocked like some Bekins vigilante and wind up with a 6 month squatter on your hands. That's pretty stupid thinking there......

Even a Californian would agree.

 

Take the door to her bedroom off its hinges and put it in the garage. Tell her that you are turning that room into a home office, or a storage room, or an exercise room, whatever. Be a nice guy and pick up some of those moving boxes, tell her to put her stuff in them and you'll take them over to her Mom's house for her. Not in 30 days, not when she feels like it, NOW! If she doesn't split, then change the locks. Get one of those throwaway cameras and take a whole roll of pictures to show the condition of the house, in case she damages anything or steals anything. Do it right in front of her. And just in case the cops get called, just remember to be the calm and polite one, they won't have any sympathy for the noisy and rude one.

 

Googled it out of curiosity and bottom line is you will have to go through an eviction to get her out. If she won't leave voluntarily, don't do it any other way!

Read this:http://www.freerepublic.com/focus/f-chat/1321927/posts



Guest won't leave: Charity, eviction begin at home

PALMDALE - The charitable tale of Joe Homeowner may make you think twice - maybe thrice - about allowing guests to stay in your home, be they friends, relatives or down-on-their-luck strangers. Joe, who asked to remain anonymous for fear of retribution, said he lost control of his home a year ago to a man he didn't know.

The guest - a relative of a friend who assists Joe's son - was relocating to California from the East Coast and "needed a place to stay for a couple of weeks," Joe's sister explained.

But that "couple of weeks" has become the better part of a year, Joe's sister said.

During that time, Joe's home allegedly has sustained at least $20,000 in damage from the nonworking, nonpaying guest and his various friends and visitors, she said.

The damages to Joe's home, in the vicinity of 70th Street East and Avenue S, spurred complaints from neighbors and gave city officials grounds to post the property as "substandard," the sister said.

Palmdale code enforcement officer Vince Adams said the posting stemmed from what appeared to be an ongoing auto-repair operation at Joe's home and "a whole slew of cars" parked around the house, in the driveway and in the yard.

"It looked more like a business" than a residence, which did not sit well with Joe's neighbors, Adams said.

As a result of continuing complaints, the city posted the home as substandard and will begin charging Joe for the cost of future inspections, he said.

"The neighbors had every right to complain because the place has become an eyesore," Joe's sister said. "It is not safe, and my brother is afraid to be there, but he's also afraid of what might happen to the house if he isn't."

Joe's son is living elsewhere while efforts are under way to regain control of the property, the sister said.

Requests for help from Palmdale sheriff's deputies have brought no relief, she said.

"I was stunned" when deputies said they were powerless to force the guest - who had become a pest - to leave, she said.

"They say, 'It's kind of up to you to get him out,' " the sister recounted. "They say he has tenant rights and there is nothing they can do. They say my brother invited this guy into his home, so he has every right to stay there as long as he wants to."

The unwelcome guest reportedly has taken most of his belongings and departed several times, only to return weeks later and make his way back inside the house even though he has no key or permission to enter, Joe's sister said.

After consulting with an Antelope Valley eviction company that specializes in such problems, Joe learned he would need a court order to pry the guest out even though he has no contract as a tenant, the woman said.

The court-ordered eviction cost Joe nearly $500 to obtain and still gave his unwanted guest nearly two more months in the home before he is required to leave, she said in early December.

Meanwhile, Palmdale officials want Joe to make improvements to his property - improvements that are pointless until the unwanted guest is gone, his sister said.

The property professional who helped her brother said this kind of problem is common, Joe's sister said.

"This eviction guy said, 'Where do you think I make all my money?' This apparently happens all the time," she said.

"I understand if there is a law on the books and deputies' hands are tied because of that law, but my brother's rights are being violated and he's basically a hostage in his own house," the sister continued.

"We certainly didn't know there was a law that allowed this, and we hope that complaining about it will get that law taken off the books," she said.

"I can't understand how such a law ever got passed," Joe said. "If you let somebody stay in your house and they refuse to leave, there is nothing you can do but go through an eviction. If they move in for two weeks and send themselves a letter with their own name on it to your address, they live there."

"People like this, they are preying on other people's good intentions," Joe said.

Palmdale attorney James Charlton said Joe's quandary is the result of a number of court decisions and not the result of a particular law that can be amended or repealed.

"There is a variety of statutory and case laws that circumscribe this, but it has enough wrinkles that it isn't all enumerated in just one place," Charlton said.

"Nobody put a law into effect to benefit squatters" such as those described, he said. Nevertheless, such people have rights, the courts have ruled.

The problem is that, whether purposefully or inadvertently, Joe has granted his guest "possession" of the property, Charlton said.

After granting the right of possession, Joe cannot rescind that right without a court order, the attorney said.

"Possession is possession," regardless of Joe's original agreement to allow only temporary residency, Charlton said.

Possession is one of a "bundle" of rights that come with property ownership, Charlton explained.

Even with a signed contract that limits a tenant or guest's possession to a specific length of time, "the actual movement of that possession back to you is going to take a court process" if a tenant or guest refuses to leave, he said.

The reason a court order is required is to limit the possibility of violence, the attorney said.

"You won't find this written down in the law, but what we don't want is a breach of the peace, and there is nothing more likely to incite a breach of the peace than the belief that a man's home is his castle," Charlton said.

For that reason, peace officers are the only people empowered to remove a tenant or guest - even one who fails to comply with a court-ordered eviction presented by an owner or landlord, he said.

"The movement of 'possession' is court-supervised because it is one of those areas most likely to result in a breach of the peace," Charlton said.

Without a court order, peace officers are reluctant to become embroiled in these kinds of disputes, the attorney said.

"What the police don't want to do is be caught in the middle of a civil problem," he said.

Under the law, "Ownership is not possession," and many landlords and property owners confuse the two rights, Charlton said.

"Possession is something that is totally different, and it is a right that is not taken away without cops around," he said.

Under the law, a property owner may seek damages from a tenant or guest who refuses to leave, "but the bottom line is, the minute it is time for them to go, for whatever reason, and they won't, it's time for an eviction, and an eviction takes time to effectuate," Charlton said.

Once escorted from a property by peace officers, it becomes legally clear that a person no longer has a right of possession and can be prosecuted criminally for re-entering a property without permission, he said.

But until the person is escorted out, the facts are not so clear, Charlton said.

All homeowners have an underlying responsibility to maintain their property and prevent it from becoming a public nuisance, and that includes being careful about choosing the people they allow to move in, he said.

"If you wait a year instead of evicting them when they first start being a problem for your neighbors, you might have some responsibility," Charlton said.

"Underlying it all, though, is: We don't want gun play" or other forms of violence when one person wants to force another to move, he said.

The current interpretation of the law is an attempt to be fair to those on both sides of a dispute, Charlton said.

That interpretation "reflects the underlying principal of what the legislation has tried to achieve," he said. "Basically, that means they want cops around when people are being thrown out."

If law enforcement is not present, "Where will the escalation stop?" Charlton asked.

 

Borrow a van and paint something like "Black Widow Exterminators" on the side of it. Rent some environmental suits and have a few guys coming and going out of the house with lots of sinister looking equipment when she comes home one day. Have one of the guys hand you a report while within ear shot of her: "Sir, we THINK we got all the black widows, but the brown recluses and scorpions are going to take some more time and effort. We'll be back tomorrow with a bigger crew."

 

If he did this here, it would be considered a voluntary eviction.

When I went through mine, I still went through the eviction process even though she was in jail on charges I filed against her and she was there for over a year. Dot you t's and cross your i's.

 

Ace, your reading comprehension skills need serious work. At no point did I ever say that YOU lied. On the other hand, YOU advised the OP to go in front of a judge and tell a story that, to the best of my knowledge, NEVER happened. You told HIM to lie. If that wasn't your intent, then you need to work on your writing skills because that's exactly what you said.

"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."

 

LOL!
Like I mentioned, California Landlord/Tenent law is heavily weighted towards the poor, abused Tenent.

 

Be a man grab her **** throw it on the front lawn change the locks and tell her to hit the road, like someone else said "if she can's pay for rent she can't pay for a lawyer"

 

I don't know about that. Watch TV for five minutes and you can have your choice of lawyers who will listen to your case for no money up front.

 

1) Fill a McDonald’s paper cup with Gasoline, put on lid with straw. (Camouflage).

2) Approach your "friend" calmly.

3) Ask him to GTFO! (Get the F()@$ out)

4) If he doesn't move.

5) Poor cup on his shirt.

6) Hold up Bic Lighter.

7) Repeat step 3, as necessary.

 

Sell the house, let the new owners deal with the *****!

 

You could always try...

Have a locksmith come tho the house and change the locks in front of her. Tell her "You are moving out today." Have boxes ready to pack up her things.

Then tell her, If you go willingly you can have this $500. Or not. Your choice.

Throw her out now, and take the risk of it going to court. The odds of her sueing you are miniscule, and the odds of you loosing are small if she does.

If you try to get an eviction order you have essentially admitted she has some right to be there...

 

Eviction is the only way here in Kaleefornia. The guy owns the house right? It'd take a weasel attorney a half second to figure out the guy's net worth and he'd be willing to team up with the free loader and go for the kill and the ensuing shake down. It's not worth the risk. Hard lesson but at this point it isn't worth screwing up.

 

Look it's evident that getting a good attorney is the best option here........

What ever you do, please post the outcome. I'd be interested to learn from this.

Good luck

 

I disagree. A lawyer is going to cost you thousands and you just guaranteed you will have a pissed off BIOTCH in your house for months...

Bribe her out. "I want you gone..." Start at $500 and work up if you have too. I guarantee you She's not turning down $3K to leave, and even if she does, you have the lawyer option to fall back on.

 

In the eyes of the state, he's already given her some right to be there by allowing her to stay this long. Doesn't seem fair to me either, but it's not worth the risk of a potential lawsuit to toss her out without following the law. Giving her a room for free is aggravating, losing a lawsuit for an obscene amount of money would be much, much worse.

 

This is also a good idea. Might get something written up that she relinquishes any rights to claim residence there as well, just to cover all bases.

 

Since its a woman that changes everything. First thing for me would be to remove the doors to all of the bedrooms and bathrooms. Then I would never wear clothes while I was home. Take a **** in her bathroom daily and never flush. Try masterbating in front of her. If that dont work then start using an escort service and having wild sex parties. If after that she dont want to leave then let her stay she would have deserved it.