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I am an owner that occupies my rental (single family home) i…

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i am an owner that...
i am an owner that occupies my rental (single family home) i have filed an eviction and tenant wont leave. now she has her sons father staying here without permission and h has been intimidating me and harrasing me and i dont feel safe in my own house. i have given her notice to vacate unauthorized occupant, but he is still here. what can i do
Submitted: 1 month ago.Category: Landlord-Tenant
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Answered in 4 minutes by:
3/8/2018
Lawyer: barristerinky, Attorney replied 1 month ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 41,080
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Can you tell me what state this is in?

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Does the tenant's lease state only she can live there?

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Is she under a fixed term written lease or is she month to month?

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Have you called the police on this person if he is harassing you, which is a violation of the law?

..

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thanks

Barrister

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Customer reply replied 1 month ago
california san diego
Customer reply replied 1 month ago
it specifies all guest and tenants may not say for more the 2 consecutive day and/or a total of 7 in a 6 month period
Customer reply replied 1 month ago
her lease ended march 1 she tried to give me rent, but i know if i accept it will turn into a month to month agreement. and void the eviction
Customer reply replied 1 month ago
no not yet, i didnt know if i could have him removed for tresspassing. i do have signs posted
Lawyer: barristerinky, Attorney replied 1 month ago

Ok, this is a lease violation and you could give her a written 3 day notice of lease violation and if she didn't make him leave, you could then file a formal eviction action in court to get a judgment to force her to leave as well. See CA Civil Procedure 1161(3).

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But if her lease ended March 1 and she didn't move out, you can immediately file to evict tomorrow because a fixed term lease just expires and there is no notice required before you file an eviction if the tenant doesn't vacate.

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So you can literally go down to file an eviction action at the local Superior Court tomorrow.

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But no, he isn't trespassing, he is her guest in violation of the lease.

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thanks

Barrister

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Customer reply replied 1 month ago
i mean i feel like i am being held hostage in my own home and they are trying to take over control
Lawyer: barristerinky, Attorney replied 1 month ago

See the answer I just posted..

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Customer reply replied 1 month ago
i filed the UD in feburary based for nuisance. its still needs to be set for trial.
Customer reply replied 1 month ago
but the lease clause states she cannot have unoccupied occupants/guest or visitors stay more then 7 days in 6 months. his been here for almost 2 weeks
Lawyer: barristerinky, Attorney replied 1 month ago

Ok, then you are already in line for a trial..

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but the lease clause states she cannot have unoccupied occupants/guest or visitors stay more then 7 days in 6 months. his been here for almost 2 weeks

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Yes, that is clearly a lease violation... But you know what you do with a lease violation? You give them a 3 day notice and then you file to evict... But you already have a pending case, so it would be pointless to file another one..

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You can't just lock them out or that is an illegal eviction and could get you sued. The police won't intervene as this is a civil matter unless they threaten or assault you... then you could file a formal criminal complaint and get a restraining order to force them to immediately move.

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Customer reply replied 1 month ago
your telling me that harrasment and itimidation tatics mean nothing, that he has to physically cause harm to me in order to make him leave, the unauthorized occupant/guest?
Customer reply replied 1 month ago
i know i have to weight out the eviction process but he is not a resident, tenant, and has no right to be on my property regardless if he is a guest of the tenant. the violation alone should be grounds to have him removed
Customer reply replied 1 month ago
can i file for a TRO?
Lawyer: barristerinky, Attorney replied 1 month ago

If you think the person has violated the law, then call the police and see if they will charge him with something.. If so, then you can file a formal request for a restraining order to prevent him from being on the property..

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But typically the police will just tell you that this is a civil matter and take it up in the civil courts..

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It is worth a try though as you have nothing to lose here by calling the police and seeing if they can come up with something to charge him with..

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Customer reply replied 1 month ago
yeah well the police dont seem to be willing to go the extra mile these day they just push it off to the courts
Customer reply replied 1 month ago
can i get a restraining order on the grounds of tresspassing
Customer reply replied 1 month ago
i mean any suggestions as to what i can do?!? i would greatly appriciate because it seems i have no right on my own property these days
Lawyer: barristerinky, Attorney replied 1 month ago

That is kind of what I thought... they tend to be a little lazy and want to push everything into the civil courts.

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can i get a restraining order on the grounds of tresspassing

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As I said, he isn't trespassing because the tenant, who is legally a resident, has invited him to stay there as her guest. You could call the police and claim he is trespassing and banned from the property, but if he tells them that he lives there, then the police will back off again and tell you to evict them through the courts.

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And you are kind of stuck here... you have a case pending, but there is no way to speed it up other than going down to the court and seeing if they can hurry up and get it scheduled so you can get them out of there.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years so I know exactly what you are going though as I have been doing this a very long time..

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thanks

Barrister

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Customer reply replied 1 month ago
do would i need to name him also in the UD? even though he has not established residency here and is unauthorized
Lawyer: barristerinky, Attorney replied 1 month ago

Legally yes, because your UD is only against the named parties in it. So you would want to see if the clerks will allow you to amend it to add the guy as a defendant too.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Category: Landlord-Tenant
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Experience: Attorney over 17 years, landlord 26 years

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