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I live in the state of California. On my property I have 3

 
Kirk Adams's Avatar
  • Answered by:Kirk Adams
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Customer Question

I live in the state of California. On my property I have
3 people who are living there. Two of the people do not
Pay rent, utilities, etc., One person has, in the past, helped
Me (financially) with my re-instatement of my mortgage (out of foreclosure). He started 3 months ago pushing me, intimidating
Me, and withholding his portion of rent/mortgage, pressing
Me to sign a contract giving him a percentage of ownership
In my property. No Way. He has since gotten more aggressive,
Threats, druged & raped me, isolating me etc., I am no longer in
Residence of my own home. Him and 2 of his friends live in
My house. They are running up my sdge bill to astronomical
Levels $385/month, and there is so much more . I sent certified mail, return receipt, a 3-Day notive of Eviction. Pay or Quit. He owes me $625.75 (9-1 thru 9-30 rent, ½ last 2 months water, he won’t pay sdge at all). I saw him the next
Day and gave/posted the notice on my inside gate.
This man, 24 hours later, sent a text to me outlining his Plans and
How he would pay $125/month, his friend would chip in a few bucks and they would be staying. I did not respond (thought it was too stupid to answer to). 24 hours after he sent that text, he sent another:
“No Response: A esponce not in the
Negative, or a response in the affirmative
All constitute a legal acceptance of the
Offer, effective immediately”
Is this true? The man is probably growing
Marijuana in my garage, he is a felon and has
Been to prison for drug trafficking (sweet
Talked me into believing he has quit that life
Style). He is putting my property at rish of
Being taken by the state, he has kept telling me
That the contract had to be clad iron tight so my
Children would not be able to break it if there
Was to be a accident that would cause me to be a
Vegtable or dead, he drugged and raped me (which
I am unable to prove in a court of law) he has a thug
Looking for me and where I am staying etc., I am
Scared shitless (sorry for the bad work but it is true). I
Want to get physically ill even now writing this to you
In fear of what your answer will be. I am afraid that if
I go to the cops, they will take my home away from me
Or worse, jusst laugh at me and my own stupidity in
Believing someone like him. What exactly are my legal
Rights in this situation? Oh yeah, I am blind.

Teresa L. Adams

 

Optional Information:
State/Country relating to Question: California

Already Tried:
3 day eviction notice: pay or quit, was going to do a 3day eviction if that didn't work on the fact that I think he is selling or growing drugs on my property.

Submitted: 592 days and 1 hours ago.
Category: Real Estate Law
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  Kirk Adams replied 592 days and 1 hours ago.

Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.

 

No, it is not true that your failure to respond constitutes an acceptance of his offer. That is ridiculous.

 

If he doesn't get your rent up to date within the 3 day period, you can proceed to file an unlawful detainer suit against him and have him evicted as soon as possible.

 

You certainly can accept his offer, but there's no obligation to do so.

Expert TypeLawyer
Category: Real Estate Law
Pos. Feedback: 98.1 %
Accepts: 4836
Answered: 9/25/2011

Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West

Ask this Expert a Question >
Customer replied 592 days ago.

I don't want to accept his offer, but I do need the rent and bills money he owes me. If I take that money, because ten to one he will have it, can I then give him another 3day evict notice on the basis of i think he is doing illegal drugs on my property? Do I have to stat e that in the notice? or do I have to give him a 30day eviction? Also, the other two people who are physically in my home, they have never paid for anything, can i just kick them out? I am afraid that the longer they stay the more of my personal property will go missing.

Picture
Expert:  Kirk Adams replied 591 days and 23 hours ago.

If you accept the money, you'll have to find another reason to evict him. If he is illegally growing marijuana plants, that is certainly a breach of the lease as you cannot allow illegal activity to be taking place on your property.

 

You can say that the tenant is in breach of the lease without specifying the drug issues.

 

Also, if the tenant is month-to-month, you can just give a 30 day notice (if he's been there longer than a year, there's a 60 day notice period).

 

If the others are not tenants, you can demand that they vacate as they have not been allowed to be there with your permission.

 

 
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