CA home owner/resident - tenant won't leave - need help!

[Kelly G.]

Greetings;

I have a single tenant in my home - who has become a nightmare! I follow the legal aspects of this to the letter (via Nolo press: CA Landlord's Law Book; But it's still not as thorough as I need.) Tenant has signed month-to-month and has been here only 3 months.

The tenant was given a 30-day notice (no rent control here), and was supposed to be out Sat - Feb 23. He has not left. I have provided many reminders via text msg and email - all of which he has acknowledged. Also, he did not acknowledge/sign: right to moveout inspection notice.

As the owner residing in the home, the tenant is considered a 'lodger' per CA law (my month-to-month explicitly retains my access to all parts of the house). technically, I can walk down to the Sheriff's office - rental agreement and 30-day notice in hand and have him evicted on the spot for tresspass. Which actually wouldn't help - as he has not slept here since the 14th. (He also has not paid final rent for 10 days which was due on the 14th; he asked me to deduct from deposit - I did not reply).

What I want to know is:

1) can I / should I collect all of my belongings from his room before he returns. I had loaned him some household items, and he has several dishes in his room.

2) He has stated in email and text msg that he plans on removing his things on Monday 2/25. I have no reason to trust him. If he does not show up - can I change the locks and post a notice on the door about how to reach me (if I'm not home) to retrieve his things. I would only do this after checking in w/ Sheriff's dept and soliciting aid in eviction as trespass (etc).

He has indicated in email that he "looks forward to . . " my eviction process! Basically a challenge. Though I politely told him there is "no eviction process" - except for me going to the Sheriff's office.

3) Do I have to present him with 'property abandonment' forms etc if he doesn't show tomorrow (don't know how to find him but . . . ) ? Should I just wait - hoping I can change the locks - until he comes to retrieve his crap!

thanks for your help!

Kelly

[Rob Gillespie]

My first advice is to follow the eviction law in your city. Now my devious advice.
Get in the house and cut the main water pipe before the meter. call the water department and tell them they need to shut it off at the street. Tell the tenant that it sucks that the pipe broke, but you can't afford to fix it unless they pay you.
I am sure I will get bashed for this advice, but take it with a grain of salt. LOL!
Good luck!!

[Rob Gillespie]

P.S. I have or would never do anything like I suggested. I just read it in a book from late night tv! LOL!

[Dyna J.]

Rob,
This tenant lives in her home so i'm assuming he's renting a room. Also she said that he hasn't slept there since the 14th.

Kelly,
This tenant should not have any of your belongings-- thats simply a line thats shouldn't be crossed. Stop text/emailing him and legally get his belongings removed from the premises asap.

[Kelly G.]

Hi Dyna J; Yes he rents a room - per month-to-month. I am at a loss about how to legally remove his belongings. CA law is unique with the owner/resident - tenant/lodger exceptions. I have full confidence that I can have him "evicted" for tresspass - the law is clear here. I don't want to get crosswise with his stuff! I mostly want to change the locks and (preferrably) have law enforcement here when he comes to claim is stuff. This is the sticky-widget!

Kelly

[Tevis Verrett]

Definitely not bashed Rob, more thanked for the tool. When the tenant gets nasty, we have to pull out our war chest, cowboy up and prepare for war.

Kelly, I would STRONGLY suggest you consult with a real estate/eviction attorney. The couple of bucks you spend will save you from a savvy and stealthy professional tenant from dragging your butt into court for locking him out of his home and rendering him homeless.

Ping me, I might have an legal advisor for you.

The rich make the laws to protect themselves from common. We, the young guns, need to learn how the rich think and then make the laws work for us.

Be well all,

Tevis

[Kelly G.]

Hi Tevis - and Rob;

Yeah - this is my home - not ready to cut the water pipes yet! ;-))

Thanks for the 'ping' invite Tevis.

I'm pretty darn confident in my ability to get him out via 'trespass' per CA civil code: 1946.5. I have all the paperwork lined up. But there is no one to evict if he's not sleeping here - though I know he does 'sneak' in while I'm out walking my dog. I put an end to that with neighbors house-sitting anytime I leave. At this point I'm reasonably convinced he walked out w/ my wallet on Friday! - yes cancelled everything. PITA!!!!

I'm a prisoner in my own home.

I'm sleeping on the sofa again, in case he comes back late at night. Fun! Why? To be sure he doesn't steal anything else.

Guess I'll see what happens tomorrow - whether he actually shows to move out or not. Might just call that lawyer tomorrow as plan B and cross my fingers I don't have to use it on Tuesday!

Kelly