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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”.
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.
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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.
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...
Good luck dude - sounds like you sure deserve some.
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.
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.
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.
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.
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.
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?"
Pit Row
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.
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...
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.
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.
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.
What a freaking nightmare I still like the one guy who had the idea of walking around in choclate pudding stained tighty whities....
Brilliant!
Good luck!
Post a reply to: CA renter's law and help with in-laws (Update: 9/13/2021)