evicting w/out a lease agreement
I own a home in La Quinta, California and currently living in Seattle. I have allowed some friends to stay there for a couple months because they were in a bad situation. There was no written lease agreement or any documentation to the terms and conditions. Everything was communicated verbally with the exception of the amount of rent which was done via email. However, I did ask them that since the house was already listed for sale that they cooperate with my real estate agent to show it. It is now December and they have now been living on the premisis for 6 months. They have been a month behind on rent and still have not paid for December. They have not cooperated with my real estate agent. The house has been in and out of foreclosure due to my divorce and since they found that out publicly, they claim they dont have to pay rent or move out. They have also damaged carpet and furnishings in the home and refuse to cover the costs. When I found out about all this, we talked via phone and I asked them to be out by the first and verbally they said they would but now will not vacate premisis and claim that they have renters rights. Is that true? Do I have to go through an eviction process to remove them out of my home
Re: evicting w/out a lease agreement
Yes, you have to go through the eviction process. They are bad tenants, but tenants none the less. You accepted rent from them, they had your permission to move in, so they are tenants and you have to take the same steps any landlord does to evict bad tenants.
As to their not paying any rent while the house was in the foreclosure process, foreclosure never occuured, you were still the legal owner [foreclosing is the way the lender gets title by going against something it never owned but you put up as collateral for the loan]. Even if you were not, they still owed rent to someone and they made no effort to put the money in trust or pay the apparent landlord.
The only renter’s rights they have is to get a 3 day notice. They have also breached their oral agreement to leave. Do they have any assets? Point out to them what the eviction will do as to their credit rating, along with the judgment for damages, and what type of recommendation you will give to future landlords. Then immediately contact a process service/eviction company there to have the three day notice served on everyone who may possibly live there, including several Doe residents, and confirm to all of them in writing or via e-mail what and why you are doing it [give only valid legal reasons]. Offer them the compromise that if they agree to a stipulated judgment of eviction and leave in three days, you will not file the judgment or go after them for damages [I assume they are dead beats who have nothing to pay anyway]. Then get in touch with lawyers in that area who handle evictions and get ready to hire one, who should immediately write them a nasty letter.
You probably will have to go and get a judgment which will be worth nothing, but there is nothing else you can do. Just do not send them to the investment property I recently bought there.
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587
Re: evicting w/out a lease agreement
I don’t know why you need more help, but Law Guru sent this question to me.
I cannot find fault with any of the above advice from my learned colleagues, and while you may fantasize about hiring a hit man, the legal option is, of course to evict, which can cost in the $500 to $800 range depending on whether you hire an eviction service or attorney.
Then, you may have to appear for a trial, if they decide to fight it.
None of these options are palatable, so you now have some advice from good sources on landlord tenant law.
Robert L. Bennett
Law offices of Robert L. Bennett
2117 N. Baker St.
Bakersfield, CA 93305
Re: evicting w/out a lease agreement
Mr. Shers gave you a very thoughtful and correct answer. This is a CA question because the real property is in CA. You will do better, in the long run, to hire CA counsel to conduct this eviction.
The other option is to take the $ that you would wind up spending on the attorney and the court costs and consider offering it to your tenants as an incentive to get out and as a way to not destroy their rental history. You would not do this as a way to be “nice” but out of sheer efficiency.
Sounds as though you have all ready tried to bargain with them and it hasn’t worked. An eviction conducted correctly will take about three weeks to a month and you will recover the possessory interest. I agree that getting ajudgment against people who don’t pay their rent is fairly useless.
Hope this helps. Elizabeth Powell
Elizabeth Powell
ELizabeth Powell PS Inc
535 Dock Street, Suite 108
Tacoma, WA 98402
Re: evicting w/out a lease agreement
Ms. Powell gives interesting advice about offering the tenants money to leave. However, DO NOT PAY THEM until you are certain they have left. It’s been known to happen that tenants will take the money and NOT leave, and the landlord has to proceed in court, anyway. Good luck!
Robert F. Cohen
Law Office of Robert F. Cohen
P.O. Box 15896
San Francisco, CA 94115-0896
Re: evicting w/out a lease agreement
You should have a 3 day notice served for December and probably January as of the 2nd. Then, an unlawful detainer should be immediately filed.
Larry Rothman
Larry Rothman & Associates
1 CITY BOULEVARD WEST, SUITE 850
Orange, CA 92868
Re: evicting w/out a lease agreement
Both Ms. Powell and Mr. Cohen are correct that often the best solution is to bribe the tenants, but be smart about it. You can tell them you will give them $x but each day they do not take it the sum is reduced. Since there is more than one tenant, you have to be sure it is a joint decision without any dissent. You should also get them to sign a document were if you pay them $x they agree to move out and if not then you can file a UD with their agreeing that they will allow a a stipulated judgment [setting out the terms ] to entered against them, which judgment provides that they are required to leave, waive any damage claims against you, have to return the money you gave them, agree to pay whatever your damage figure is, be out by a certain date or the sheriff can evict them, etc.
Good luck
George Shers
Law Offices of Georges H. Shers
4170 Glenwood Terrace, Suite #1
Union City, CA 94587
Re: evicting w/out a lease agreement
Start the eviction process now! Consult an Attorney and take your property back. I wouldn’t offer any money. I have seen this work against the landlord.
Feel free to contact me.
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Ryan P. McClure
The Law Offices of Ryan P. McClure
8300 Utica Ave., Suite 157
Rancho Cucamonga, CA 91730