eviction without a lease

General Landlording & Rental Properties
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eviction without a lease

Sarah Jones
los angeles, CA · Member since 2009 · 223 posts · 4 votes

so this couple moved in. i think they might be professional tenants. but they moved in and they did not have any credit history or anything. they gave me a story that i believed. they may be giving fake social or something but nothing came up. They gave me a deposit, and they signed the lease and they said they were going to pay the first month in a few days. I gave them the keys to bring their stuff but told them they have to pay the first month before they cna move in. they moved in anyways and did not pay first month..now they are 8 days into it and they still have not paid the first month and i have not signed the lease yet. They are not moving out saying there are issues with the house. 

Since we dont have a lease signed, and they havent paid the first month. Are they considered squatters? How can I evict them? They dont even have a lease .. so they are not legally suppose to be there right? They only paid deposit.

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Marcia Maynard
Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
12y

@Sarah Jones Your BP profile is empty, even though you joined in 2009.  You gave no indication of the location of your rental property, so BPers do not have much to go on to help you.  You did not do comprehensive tenant screening, you handed over the keys before you had a signed agreement and before you received all of the monies required at move in.  Not to be harsh, but you need to educate yourself about the business of real estate investment and how to be a landlord, or get out of the business.  This may be the defining moment that will kick start you into getting serious about how you conduct yourself in this arena. If they are professional tenants or scammers, you will be in it for the long haul.  Potentially very costly.  No easy short cuts.

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  • Kyle Hipp
    Investor · Appleton, WI · Member since 2012 · 1k+ posts · 464 votes
    12y

    so they signed the lease that you provided them but you did not? Also you gave them keysto move stuff in but just not themselves? I would imagine that if that is the scenario it would be wiser for you to sign the lease you drafted. They are tenants regardless. You accepted money from them and expect further rent and you gave them the keys. They are not random squatters. Your lease should have verbage that allows you to take advantage of the law better than the basic guidelines that govern landlord tenant relations in the absence of a written lease. 

    I would sign the lease and then give these tenant notice to cure or pay rent.

    0Reply
  • Sarah Jones
    OP
    los angeles, CA · Member since 2009 · 223 posts · 4 votes
    12y

    I was hoping to get them out faster than going through the court process which takes a long time. they were suppose to pay first month rent before i signed the lease. They did not pay, so the lease is not signed.. i didnt agree to sign the lease if they didnt pay first month rent.. 

    0Reply
  • Marcia Maynard
    Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    12y

    @Sarah Jones Your BP profile is empty, even though you joined in 2009.  You gave no indication of the location of your rental property, so BPers do not have much to go on to help you.  You did not do comprehensive tenant screening, you handed over the keys before you had a signed agreement and before you received all of the monies required at move in.  Not to be harsh, but you need to educate yourself about the business of real estate investment and how to be a landlord, or get out of the business.  This may be the defining moment that will kick start you into getting serious about how you conduct yourself in this arena. If they are professional tenants or scammers, you will be in it for the long haul.  Potentially very costly.  No easy short cuts.

    2Reply
  • Account Closed
    Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    12y

    The formal process to evict in CA does not take long if you act swiftly and correctly. Post and mail a 3 day quit or pay notice tomorrow.  Have a service do it if you don't know how.  It has to be done correctly.  If the tenants don't pay or leave, then file an unlawful detainer and have them served.  If they don't answer the complaint in 5 days, you will be awarded a judgment and can use the judgment to arrange for a sheriff removal and lockout.

    Your chances of getting assistance from the police are small. All the tenants have to say is that they signed a lease and/or gave you a deposit and the police won't treat them as trespassers. If you sense that the tenants are giving you the run around, start the eviction process tomorrow by mailing and post the 3 day quit or pay.

    You seem to have a lot of recent real estate troubles. Aren't you the same Sarah from CA that was posting last week about being sued and the plaintiff seeking a $200K judgment against your houses? 

    1Reply
  • Sarah Jones
    OP
    los angeles, CA · Member since 2009 · 223 posts · 4 votes
    12y

    so we are evicting them now, they are using the ac 24 hours a day... they have not paid first month rent and the ac is on 24 hours a day. im wondering if i can just turn off the ac... will turning off the ac affect anything? the electric bill is under my name so i dont want the ac on unless they pay... i can leave electric on but i dont want the ac on... 

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  • Sarah Jones
    OP
    los angeles, CA · Member since 2009 · 223 posts · 4 votes
    12y

    i am in california.. los angeles.. 

    0Reply
  • Andrea M.
    Real Estate Investor · Hampton, VA · Member since 2012 · 562 posts · 109 votes
    12y

    Not sure why you would allow a tenant to take occupancy without the total move in amount and a signed lease. Based on previous responses, sounds like you are in for an eviction.

    0Reply
  • Sarah Jones
    OP
    los angeles, CA · Member since 2009 · 223 posts · 4 votes
    12y

    can i turn off the ac?

    0Reply
  • Account Closed
    Investor · Central Valley, CA · Member since 2012 · 6k+ posts · 3k+ votes
    12y

    No. You cannot turn off any heating or cooling device.  You cannot cancel any utility or water service.

    Did you really need to ask?

    1Reply
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