CA renter's law and help with in-laws (Update: 9/13/2021)

1/1/2020 10:53am
500guy wrote:
Shut the Water and electric off and go stay somewhere until they leave.

You can't do that...it's called a "Constructive eviction". They'll take our vital bro to court, be allowed to stay in residence, get damages awarded, and vital bro will be right back where he started. And a lot poorer
2
APLMAN99
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1/1/2020 12:58pm
motogrady wrote:
If you're thinking about moving why not mention to the property owner you have extra people living there. Let him force the move, break the lease...
If you're thinking about moving why not mention to the property owner you have extra people living there. Let him force the move, break the lease, let him be the bad guy. You'd probably lose the security deposit.
But hey, small price to pay to pay to get your life back.
Then again, if the owner likes you and your wife, good rent, property kept in good shape, maybe he would force them out legally.

And don't cow tail to the in laws. They start throwing blame, be honest. If it wasn't for them and their grifter ways, there would be no problem.
They don't give a crap about u guys, they get nasty,
get nasty right back.

Good luck guy.
That seems like a pretty good angle to me. Let the current landlord know that you took them in short term, they turned it into long term and let them know that you are planning to move and they may be a problem.

The landlord/management company has probably dealt with similar issues and will know how to handle it. If you are open and honest with them, you may still get a good rental eval for your next move.

They may also be able to start action early to enforce the tenancy limits of the lease, as they are the ones you have the contract with. A letter to comply might come in handy if you were to have to move them out yourself.

Complicated mess that just proves the old saying; “no good deed ever goes unpunished”.
1
chuck317
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1/1/2020 2:30pm
rongi#401 wrote:
Why a nightmare, I once faked moving out of my house so my friend and his girlfriend would follow suit, when they drove away with all...
Why a nightmare, I once faked moving out of my house so my friend and his girlfriend would follow suit, when they drove away with all their things I unloaded all my things and moved back in. A u-haul rental and a bit of acting could do some good
that's a good one
3
JustMX
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1/2/2020 11:38am
Curious if there is a paper or electronic trail on the $100/month they have been contributing.

If no trail then it sure seems like that would simplify the process a bit.

Perhaps you could pass off any documentation as them reimbursing for cable, internet, or other services they requested that you might not have gotten otherwise.

The Shop

Falcon
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1/2/2020 2:20pm
JustMX wrote:
Curious if there is a paper or electronic trail on the $100/month they have been contributing. If no trail then it sure seems like that would...
Curious if there is a paper or electronic trail on the $100/month they have been contributing.

If no trail then it sure seems like that would simplify the process a bit.

Perhaps you could pass off any documentation as them reimbursing for cable, internet, or other services they requested that you might not have gotten otherwise.

Oh man, I wish. They have paid us at least a few times with a check, so therefore there's a trail somewhere. Whether or not they are clever enough to track down copies of the checks is anyone's guess, but I don't want to bet the farm that they wouldn't be.
We do not have any sort of written agreement with them, including anything with regard to the cable, internet, etc. Shame on me for assuming any adult would be cool enough to leave if the situation didn't work out. At the very least, you'd think someone's parents would love her enough to honor her wishes and those of her husband. No so, apparently. Sad
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Falcon
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1/2/2020 2:26pm
Meanwhile...

My truck and my wife's car are being beaten to death by the sun while their crap fills my 3-car garage....

What should be my music studio, my wife's business office and my kids' homework room is a bedroom for my worthless inlaws...

My utilities which should have gone up by 50% (six people now, instead of 4,) actually are 100% to 150% higher every month. "No, that's just what it costs to heat / cool this house." "Water doesn't really cost anything for usage." Thanks, bro, but I know what my electric bill could be, because I've seen it before you moved in...





ns503
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1/2/2020 3:59pm
This has to be one of the most F'd up situations I have read about on here. Hell, the whole internets.

Good luck dude - sounds like you sure deserve some.
vetmxr
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1/2/2020 5:36pm
Falcon wrote:
Meanwhile... My truck and my wife's car are being beaten to death by the sun while their crap fills my 3-car garage.... What should be my...
Meanwhile...

My truck and my wife's car are being beaten to death by the sun while their crap fills my 3-car garage....

What should be my music studio, my wife's business office and my kids' homework room is a bedroom for my worthless inlaws...

My utilities which should have gone up by 50% (six people now, instead of 4,) actually are 100% to 150% higher every month. "No, that's just what it costs to heat / cool this house." "Water doesn't really cost anything for usage." Thanks, bro, but I know what my electric bill could be, because I've seen it before you moved in...





You can't just throw them out of the house but you sure as hell can be the hardest mofo to live with, and force them out that way......I'd have all the garage shit carefully stacked and bundled out in the driveway were MY car used to sit. I hate to say these things, but walk around naked and just be as offensive and gross as possible.......Hide all toilet paper and whatever else they mooch on so their lives are anything but easy..... I might even try jumping in between them in bed one night .....just tell them you and the wifey had a fight and your sleeping with them from now on.....stuff like that......think about the legal repercussions before you do anything though.....there are things you can and CANNOT do without getting yourself in trouble.
1
1/3/2020 10:44am
Falcon wrote:
Meanwhile... My truck and my wife's car are being beaten to death by the sun while their crap fills my 3-car garage.... What should be my...
Meanwhile...

My truck and my wife's car are being beaten to death by the sun while their crap fills my 3-car garage....

What should be my music studio, my wife's business office and my kids' homework room is a bedroom for my worthless inlaws...

My utilities which should have gone up by 50% (six people now, instead of 4,) actually are 100% to 150% higher every month. "No, that's just what it costs to heat / cool this house." "Water doesn't really cost anything for usage." Thanks, bro, but I know what my electric bill could be, because I've seen it before you moved in...





You might not be able to just throw them out, but you should be able to get all their crap out of your garage. Get a storage unit at a self store...pay whatever the minimum fees are, load it up with all their crap. Then send them a certified letter (signature required of course), notifying them where their things are, and the date when the next payment needs to be made. Then don't pay another cent on the unit. (of course, check with an attorney regarding the legality of this course of action).

It sucks to be in that situation, I know. Was there with my own father. We brought my dad up from Florida, because he couldn't (wouldn't?) find work. He was here for a few years, then got a DUI and quit paying me at all...then I found out he had trashed the room he was staying in, and doing some other seriously nasty, gross stuff. I was on him for about 6 months to get another place, but he was too comfy on the gravy train...I ended up having to go through the entire eviction process, up to and including a court appearance. I didn't use an attorney. I researched the process and handled it all myself. Still sucked, but I didn't break the bank. However, I'm not in California, and the laws are a bit different here.
Falcon
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1/3/2020 11:11am
^Yeah, the laws here an Cali are seriously screwing me. All the things vetmxr mentioned in his post would be illegal here. You cannot make someone's life hard to make them move! Yaaaay California!!!Woohoo Dizzy Huh
I don't know how they legally define "making your tenant's life hard," but I don't want to find out.

I think we're actually going to have to move out and say sayonara to my deposit. Pinch Oh well, it will still be better than living with those asshats anymore.
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APLMAN99
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1/3/2020 11:20am
This is generic interweb legal advice that is worth slightly less than half of what it cost......

https://legalbeagle.com/8609602-evict-relative-california.html

How to Evict a Relative in California
Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA
December 17, 2018
By: Brenna Davis



An unlawful detainer lawsuit is the court action that allows California landlords to evict and remove tenants who refuse to leave. The process for evicting relatives is the same as for evicting any other tenant, unless the tenant is a minor child, your spouse or shares ownership of the property. Out of respect for your relative, it's a good idea to give him more notice than is required by law and to avoid taking him to court if possible. Otherwise, you must follow the legal process for evicting someone and can't simply remove your relative's items from the property or change the locks.

Give Notice

Give your relative notice that you want him to leave the property. If he's failed to pay rent, you must give him three days' notice. He then has three days to pay rent or be evicted. If you want to terminate the tenancy for any other reason, you must give him 30 days' notice if he's lived in the property for less than a year and 60 days if he's lived there more than a year. If you have a lease with your relative, you must follow the provisions of the lease, unless the lease specifies less time than the law. The notice should be in writing and sent via certified mail, with return-receipt requested.

File an Eviction Suit

File an eviction suit with the magistrate court clerk in the county where the property is. Fill out the forms the clerk gives you and attach copies of the notice you sent to your relative. The eviction hearing will usually be scheduled within 10 days from the date of filing. You should not remove your relative's possessions from the property or change the locks prior to the eviction hearing.

Attend the Eviction Hearing

Attend the eviction hearing. Your relative will have the chance to plead his case and fight the eviction, so you should be prepared with your evidence. If you win the eviction hearing, the judge will give your relative a writ of possession, which requires him to leave within five days. If he won't leave at the end of the five-day period, the sheriff will remove his possessions from the property and you'll be allowed to change the locks.

Tips

If the relative is not a tenant and is instead a guest who has overstayed her welcome, simply ask her to leave. If she won't leave, it's considered trespassing and you have the right to call the police.


Warnings

Some municipalities in California require that a landlord show "just cause" for evicting a tenant and can't simply terminate a tenancy. If you live in a rent-controlled area, contact your local municipal court for more information.


1
Chance1216
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1/3/2020 11:32am
Start walking around the house in pudding stained whitey tighties, flip flops and sunglasses. Hell, hit on the mom. Might add a little to their discomfort. Just be sure to include your wife with these plans. 😉
1
Chance1216
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1/3/2020 11:39am Edited Date/Time 1/3/2020 12:36pm
APLMAN99 wrote:
This is generic interweb legal advice that is worth slightly less than half of what it cost...... https://legalbeagle.com/8609602-evict-relative-california.html How to Evict a Relative in California Reviewed...
This is generic interweb legal advice that is worth slightly less than half of what it cost......

https://legalbeagle.com/8609602-evict-relative-california.html

How to Evict a Relative in California
Reviewed by: Michelle Seidel, B.Sc., LL.B., MBA
December 17, 2018
By: Brenna Davis



An unlawful detainer lawsuit is the court action that allows California landlords to evict and remove tenants who refuse to leave. The process for evicting relatives is the same as for evicting any other tenant, unless the tenant is a minor child, your spouse or shares ownership of the property. Out of respect for your relative, it's a good idea to give him more notice than is required by law and to avoid taking him to court if possible. Otherwise, you must follow the legal process for evicting someone and can't simply remove your relative's items from the property or change the locks.

Give Notice

Give your relative notice that you want him to leave the property. If he's failed to pay rent, you must give him three days' notice. He then has three days to pay rent or be evicted. If you want to terminate the tenancy for any other reason, you must give him 30 days' notice if he's lived in the property for less than a year and 60 days if he's lived there more than a year. If you have a lease with your relative, you must follow the provisions of the lease, unless the lease specifies less time than the law. The notice should be in writing and sent via certified mail, with return-receipt requested.

File an Eviction Suit

File an eviction suit with the magistrate court clerk in the county where the property is. Fill out the forms the clerk gives you and attach copies of the notice you sent to your relative. The eviction hearing will usually be scheduled within 10 days from the date of filing. You should not remove your relative's possessions from the property or change the locks prior to the eviction hearing.

Attend the Eviction Hearing

Attend the eviction hearing. Your relative will have the chance to plead his case and fight the eviction, so you should be prepared with your evidence. If you win the eviction hearing, the judge will give your relative a writ of possession, which requires him to leave within five days. If he won't leave at the end of the five-day period, the sheriff will remove his possessions from the property and you'll be allowed to change the locks.

Tips

If the relative is not a tenant and is instead a guest who has overstayed her welcome, simply ask her to leave. If she won't leave, it's considered trespassing and you have the right to call the police.


Warnings

Some municipalities in California require that a landlord show "just cause" for evicting a tenant and can't simply terminate a tenancy. If you live in a rent-controlled area, contact your local municipal court for more information.


After thirty days that person is considered a resident in California. I went through this with an aunt of mine after my grandfather passed. We (my family and I) couldn’t just kick her out. As stated by the police that showed up, she was a resident exactly that day. We just let the place go into foreclosure as none of us were interested in anything other then getting that mooch of a bitch out.
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1
APLMAN99
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1/3/2020 11:53am
Chance1216 wrote:
After thirty days that person is considered a resident in California. I went through this with an aunt of mine after my grandfather passed. We (my...
After thirty days that person is considered a resident in California. I went through this with an aunt of mine after my grandfather passed. We (my family and I) couldn’t just kick her out. As stated by the police that showed up, she was a resident exactly that day. We just let the place go into foreclosure as none of us were interested in anything other then getting that mooch of a bitch out.
Other sites basically say that you CAN kick out a resident, but you have to give them a 30 day notice. If they pay you rent (or something that can be construed as rent), then it jumps to a 60 day from last receipt.

So stop taking a cent!

Then go through the hassle of steps above, if you want to try the legal system. For a lot of us, just knowing that we have to go through any sort of process is enough for us to throw up our hands in resignation and say that it is impossible.

You definitely can't just call the police and evict someone, but once you get the proper orders in the proper sequence, they CAN enforce those.
Chance1216
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1/3/2020 12:35pm
Chance1216 wrote:
After thirty days that person is considered a resident in California. I went through this with an aunt of mine after my grandfather passed. We (my...
After thirty days that person is considered a resident in California. I went through this with an aunt of mine after my grandfather passed. We (my family and I) couldn’t just kick her out. As stated by the police that showed up, she was a resident exactly that day. We just let the place go into foreclosure as none of us were interested in anything other then getting that mooch of a bitch out.
APLMAN99 wrote:
Other sites basically say that you CAN kick out a resident, but you have to give them a 30 day notice. If they pay you rent...
Other sites basically say that you CAN kick out a resident, but you have to give them a 30 day notice. If they pay you rent (or something that can be construed as rent), then it jumps to a 60 day from last receipt.

So stop taking a cent!

Then go through the hassle of steps above, if you want to try the legal system. For a lot of us, just knowing that we have to go through any sort of process is enough for us to throw up our hands in resignation and say that it is impossible.

You definitely can't just call the police and evict someone, but once you get the proper orders in the proper sequence, they CAN enforce those.
Yep, it’ll be a hassle either way. It was much more then I was willing to deal with from another state. It’s a complicated process that takes time and money.
Best case scenario would be for Falcon to apply at another place get a move in date without saying anything to the in-laws then giving his thirty day notice to his current landlord. They’re not on the new lease. They’re not able to move in. Idk, just thinking out loud. Sucks there’s so many people looking for free rides.
Falcon
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1/3/2020 2:01pm
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out so they are not the problem of the landlord.

It's sad that it will most likely come to this. Even worse, I can almost guarantee that they will pull some next-level passive/aggressive bullshit on my wife, like "I can't believe you're kicking us out on the street when I'm dying." Or, "What did we ever do to you?"
Chance1216
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1/3/2020 2:25pm
Falcon wrote:
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out...
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out so they are not the problem of the landlord.

It's sad that it will most likely come to this. Even worse, I can almost guarantee that they will pull some next-level passive/aggressive bullshit on my wife, like "I can't believe you're kicking us out on the street when I'm dying." Or, "What did we ever do to you?"
Simply say, it’s not you. It’s me 😉
1/3/2020 10:00pm
Falcon wrote:
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out...
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out so they are not the problem of the landlord.

It's sad that it will most likely come to this. Even worse, I can almost guarantee that they will pull some next-level passive/aggressive bullshit on my wife, like "I can't believe you're kicking us out on the street when I'm dying." Or, "What did we ever do to you?"
That's the point where you remind them that it's the landlord kicking them out, not you. You're just moving to a different residence.
Rooster
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1/3/2020 10:59pm
I'm not sure how it works in California, but in Canada where we have similar laws that protect the tenant more than the landlord, one out is to establish how the rental has been structured.

If you've allowed them to be a part of your lease agreement, you're pretty screwed.

However, if all you've done is rent them a bedroom and provide access to common areas, kitchen, baths, garage, etc. Then you may have an out through what we refer to as the inkeeper's act. Where you've essentially turned your place into a hotel and have the same right as any hotel to simply evict them much more easily.

It might be worthwhile to look into whether California has something similar, which I'm confident they must have. Otherwise every hotel/motel would be overrun by squatters by now.
Falcon
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1/4/2020 5:27pm
Rooster wrote:
I'm not sure how it works in California, but in Canada where we have similar laws that protect the tenant more than the landlord, one out...
I'm not sure how it works in California, but in Canada where we have similar laws that protect the tenant more than the landlord, one out is to establish how the rental has been structured.

If you've allowed them to be a part of your lease agreement, you're pretty screwed.

However, if all you've done is rent them a bedroom and provide access to common areas, kitchen, baths, garage, etc. Then you may have an out through what we refer to as the inkeeper's act. Where you've essentially turned your place into a hotel and have the same right as any hotel to simply evict them much more easily.

It might be worthwhile to look into whether California has something similar, which I'm confident they must have. Otherwise every hotel/motel would be overrun by squatters by now.
They are not on the lease and I never agreed to accept "rent" from them. However, because they have lived here more than a year and they collect their mail here, they are considered residents. Because they are not on the lease, I am by default their landlord and they are subtenants under California law. It's going to take me 60 days to evict, and that's if my county doesn't have some sort of rent control measure that will cloud the issue.
Falcon
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1/4/2020 5:28pm
Falcon wrote:
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out...
^ I'm thinking this is the case. They won't be welcome to come to the new house at all. Still, I'd like to get them out so they are not the problem of the landlord.

It's sad that it will most likely come to this. Even worse, I can almost guarantee that they will pull some next-level passive/aggressive bullshit on my wife, like "I can't believe you're kicking us out on the street when I'm dying." Or, "What did we ever do to you?"
That's the point where you remind them that it's the landlord kicking them out, not you. You're just moving to a different residence.
Or, turn my back and walk away as if I DGAF, which I do not.
Brad460
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1/4/2020 5:58pm
Have you done anything since starting this thread? Got an appointment with a lawyer? Or just going to keep talking about it? What have you decided to do?

I am guessing you are a non-confrontational type of person...which is likely why your still in this situation.

I would have thrown all their shit out of the house and locked them out a long time ago.

You’ve gotten plenty of advice in this thread...Stop talking and start doing something now...Wink

Falcon
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1/4/2020 8:19pm
Yep, we're moving. It's not going to be worrh the bs that it will take to have them legally removed.
1
seth505
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1/6/2020 7:35am
That is fucked! Wow I would make their lives hellish.... good luck with moving on, seems like you're doing the right thing.
1/6/2020 12:01pm
Falcon,

Glad to hear you are moving. Keep us posted as I presume those in-laws won't take it too well when you tell them they are not allowed to move with you.
Falcon
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1/6/2020 1:04pm
Yeah, I'll update you guys when the fallout starts coming down! Woohoo Grinning

In California, I have to give them 60 days' notice that I'm kicking them out. Wrote the letter today and sending it via certified mail. Once that time expires, I can file suit to get them physically removed by the sheriff. This will coincide pretty nicely with the time frame I'll need to clean up their room before we move. I hope it won't come to that, but I bet it will. They will bitch, complain and whine about how they weren't given enough time, how there is nowhere to go, etc. Not my problem, though.
5
Falcon
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1/21/2020 11:14am
Just an update for those of you who want to know.... like looking at the scene of a car crash; you can't look away!

The inlaws refused to sign for their certified letter, so I served them physically yesterday and took pictures of the notice. Dad was pissed! Oh well, time's up gotta move on. the 60-day countdown begins.

We decided to evict because now we're not sure we can find any suitable rental location in this city at any significant savings. So far no luck. And why bother moving if not? The home we're in now will be really nice when it's just us. Still keeping an eye open, just in case.
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G-man
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1/21/2020 12:07pm
WoW and I thought had problems!!!! Woohoo

What a freaking nightmare I still like the one guy who had the idea of walking around in choclate pudding stained tighty whities....
Brilliant! Grinning

Good luck!
Deja New
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1/21/2020 1:07pm
What a clusterfuck hope it all goes down well.
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hillbilly
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1/21/2020 2:11pm
I've watched enuff CSI to make them disappear and still cash their SS checks
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