I moved a coworker tenant out after she she stopped paying rent

[Jane Manzel]

I had a coworker whom I decided to rent to against my better judgement. I ran a background on her and I didn't see anything other than bad credit. After she stops paying rent my daughter found out that she's had over 10 evictions. She stopped paying her rent and began to threaten me at work so I moved her things into storage. I cleared out the apartment and posted a letter of abandonment on the door. The police were called, an illegal lockout report was made and she gained access to the apartment the same day. I thought she would just move out and never come back since I helped her along but that isn't the case.. Yes I know it was wrong but I did it anyway and feel no shame to be honest.

Now she's claiming that I stole money and refuses to get her items out of storage. I'm filing for eviction but her stuff has been in storage for 2 months now and I don't want to pay for it anymore. She's had access to her things and has already sent a demand note with the cost for the movers to move her items which is clearly untrue. There's a mattress, frame and a refrigerator that's still in there. I think she wants me to move the items back to the unit but I'm not because she hasn't paid rent in over 3 months.

What do I do with the items in storage? Do I discard the items or pay for them? I shouldn't have to pay for her stuff when she's had plenty of time to get them out. I know I will get sued in small claims court and I'm okay with that but am I liable for anything else?

I've tried to get an attorney but nobody wants the case because of the lockout. If you could point me in the way of an attorney who will give me legal advice instead of asking me why I did this that would be wonderful.

Any help is appreciated. 

[Al D.]

I am sorry, but, really? “I've been owning properties for over 20 years and this is the first time I've done this...”

Before you said that, I thought I was reading a post by someone who rented out a room in their primary residence for the first time, and made a “mistake” that few rookies would even make.

Rookies here ask about whether they should form an LLC before buying their first property - they are afraid of liability before they have any experience under their belts. They’ve heard stories. And you ask how you may lose your property?

You yourself know that you broke the law - you should feel blessed that the judge did not want to hear about the lockout and did not offer your tenant additional (free) advice (against you.)

Now you want to get rid of the tenant’s items that you (illegally) put into storage because you no longer want to pay the storage fees?

I mean, knowing that you broke the law, that is still your attitude? You must understand, on some level, that once you did something illegal, any damage from that is on you - I would not add the price of tenant’s personal items to that (regardless of what “value” you may think it has); you should probably make sure that the storage unit is climate-controlled and is not in a flood zone.

I don’t think I’d want to be your lawyer with your attitude. (I am not a lawyer.) I don’t know exactly what “lay low on stuff in storage means,” but it still sounds like sound legal advice to me - don’t dig a deeper hole for yourself.

You would like advice from this forum?

You have gotten some good advice here, not illegal kind. Go to the library and pick up a Nolo book on California landlord/tenant laws (I’d say that any year print in the last 40 is good enough.) If you know that your rental property is subject to local rent control laws, you must do additional research. Do this today. I don’t think it should take you long to understand what you read - you write well and answer questions on point, so your comprehension must be good. And I am just stunned that you’ve been in this for that long, and in California. No wonder the lawyers ask you why you did what you did. Personally, I feel like I am speaking with a unicorn right now.

Change your attitude to something more reasonable, and look for an attorney again, with your hat in hand. And don’t say again that you know the law, especially when speaking with a prospective attorney.

From your writing, it appears that you seem to be expecting a positive outcome of the Eviction and Small Claims - are you sure? (This question is rhetorical.)

I think that the best case scenario for you is to do cash for keys, as at least two people above suggested - if you can treat your tenant with the “respect” typically due a robber who is holding a gun in your direction from just feet away.

If you are too “proud,” and your daughter is an adult, maybe you can let her find a lawyer for you - I think that your case can certainly be represented, but you must be willing to listen to reason. Sounds like your daughter may have a cooler head. Maybe she can do the cash for keys on your behalf - may be less “personal” to the tenant.

I don’t typically take this tone here, but feel that you need a wake up call.