Landlord Question and Answer Forum

I have a rental that was rented to a 20 yr. old girl that brought her boyfriend also (20 yrs. old) in with her, She terminated the rental contract by returning her keys and said by- by to me ,also to the house she was renting and to her boyfriend becuase of finding him in their bed with another women. This was right at the first of the month when rent was due, he although stayed and has not paid anything towards rent. Beer bottles all thru the yard in the house, spray painted the inside walls, bashed holes in the walls, etc.. I gave him a 3-day or quit notice on the 9th of this month , called the police stating there was a treaspasser in my proberty (because he does not have a copy of any type of rental contract, and the elect. power is still in her name, not his. The police told me I would have to evict him, since he is receiving mail at that address! Can you suggest any possible way to remove this low life of a man from my house?

You will have to evict him as if he was already your tenant to begin with. If you have already gave him a notice you can now bring it to court. The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the you have no right to evict the tenant (even though he was not your tenant to begin with). You must use this court process to evict the tenant; You cannot use self-help measures to force the tenant to move. For example, you cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. You must use the court procedures. Good luck!

Posted by Erica S, PA on Wednesday, September 21, 2011

If you were in Texas you could do a Contractual Lien...but, there are only certain things you can take. You then have to store the items and provide the tenant with a detailed inventory list of what you took--and then wait 90 days. If the tenant pays the past due rents they get their stuff back. I'm almost sure that California has the same kind of laws (based on the contract). You still have rights as a Landlord.

Posted by David D, TX on Wednesday, September 21, 2011

This is "probably" not legal but I had this same thing happen to me in MT. What I did, and I am not suggesting you do this but, I sat out in front of the house until he left. then I went in and changed the locks. put private property and no trespass signs in the window then I sat out in front of the place with a couple of friends of mine in lawn chairs "waiting for him" when he got back I gave him the option of 15 supervised minutes in the house getting his stuff or he got none. My guy left without anything and I ended up hucking all his crap out to the curb. I bet your dead beat will not have any money to get an attorney but..... was he on the rental agreement? or just her? in Montana If he is not on the agreement and she leaves, he is not a tenant and is tresspassing ( I just know my local P.D.) and did not want to deal with them either. good luck. Isn't this why we landlord? lol

Posted by KIMBERLEY M, MT on Wednesday, September 21, 2011