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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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On Wednesday, August 14, 2013, a lady moved all of her stuff

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On Wednesday, August 14, 2013, a lady moved all of her stuff into my new 2 bedroom condo after it was rebuilt following an April 2012 fire. We had a verbal agreement only at the time, and she was suppose to move in on September 1st. I was going to present her with an actual lease agreement this week to sign. Since she had been living in the same complex as me in a one bedroom unit, I made the mistake of giving her a key to my condo to just move in some small boxes before the big move in date of September 1st. I thought she would be an ideal tenant. WRONG! After she moved in all her stuff this past Wednesday, she phoned me requesting that I come over to talk. At this point she told me that she was likely going to jail the next day. She has been in jail since this past Thursday afternoon. Her lawyer actually returned my phone call and he told that he believes she will be in jail until next February. I spoke with an attorney (my) on the telelphone this past Friday. I was hoping for an actual meeting with my attorney today, but she is apparently working on other cases in court. After doing some research (a little too late) I discovered that she did not pay her July and August 2013 rent to her landlord on the one bedroom condo. This landlord in the complex I live in could have told me she was bad news, but he is just glad to pass the problem on too me. Since this is a brand new condo, I believe the homeowner association instructed the local utility to shut the power off on the unit until the owner (me) moved back in or rented it out. This happened after this lady was in jail. Our homeowners association was paying for the limited lighting and air conditioning while these 24 units were being rebuilt following a fire. The homeowners association never notified me that it was time to put my electricity usage back in my name. With this new situation, I am just fine with that. No electricity in the unit makes things more incomfortable for anyone trying to "move back in". Since I have not had a meeting with my lawyer yet do you have any suggestions on what I need to do? Is it OK to keep the electricity off or to inform the utility that only I can approve putting the electricity back on in the condo. Thanks for your help!

William B. Esq. :

Dear Customer, thank you for choosing Just Answer. I would like to assist you today.

William B. Esq. :

To deal with this situation, your most direct route is to give notice, and initiate an unlawful detainer action to get this individual out of the unit. The fact that you only have an oral lease agreement makes this much easier, and you can get her moved out (and all of her stuff) much more quickly.

William B. Esq. :

Regarding the power, if at all possible, I would advise delaying the shut-off until after you have completed the unlawful detainer action - while it is likely she will remain in jail, you have no guarantee that she will do so, and there is a prohibition against shutting off utilities to force a tenant to leave (it is always a good idea to make sure you are on the right side of the law when you are evicting a tenant).

William B. Esq. :

I hope the above information is helpful, if you have any questions regarding the above, or any questions regarding the unlawful detainer process, please do not hesitate to ask and I will follow up promptly.

William B. Esq. :

Thank you for using our service, please do not forget to rate my answer after you are satisfied. I do wish you the very best of luck with this situation, and I hope that you are able to deal with this individual and her belongings quickly.


Thank you!

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