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All Forum Posts by: Maggie Tasseron

Maggie Tasseron has started 0 posts and replied 215 times.

Originally posted by @Conrad Metzenberg:

Could you physically and legally shut off his utilities to the property after the eviction date?

 The answer is NO. That is what's known as a "forced eviction" and can land you in more trouble than you have already. I wish it weren't so, however.... 

Originally posted by @Brett Pedigo:

Just a thought... Do you have the utilities in your name? If not, can you switch into your name putting a lock on who has access and sit them off? Sorry to hear about your troubles.

 Brett: That falls under the heading of a "forced eviction" and is illegal all the way. If it were that simple, there wouldn't be a need for all the legal options being discussed in this forum.

Originally posted by @Jassem A.:

I have this clause in my lease which might protect from this scenario:

WAIVER OF RIGHT TO TRIAL BY JURY. Both Landlord and Tenant hereby waive the right to trial by jury in any action, proceeding or counterclaim brought by either party against the other arising out of or in any way related to this Lease.

I think if you pursue an eviction and explain to the judge what is going on then it might not take as long as you think

 Here in California, the Civil Code supercedes any clauses you may write into a lease. For example,I always put in a clause that allows me to give a tenant 30 days' notice, but the law here states that if a tenant has lived in a property for more than one year you must give 60 days' notice. That is now costing me valuable time in trying to evict a tenant of mine. Laws differ, of course, from State to State, so I'd be interested to hear if your Trial by Jury Waiver would hold up where you live.

Surely this guy knows how much trouble he will have renting in the future once he has an eviction on his record? Regardless of the dire predictions your lawyer has about a possible change of venue and jury trial, it seems the best thing you can do is to proceed with a 3-day eviction; if this jerk is like others I've dealt with, he will be gone before the sheriff arrives. Reporting him to the bar is a good idea as well; perhaps letting him know that you're going to do this will be some incentive as I doubt he would want to risk losing his license a second time. 

Sorry you are going through all this and I hope it helps to know you're not alone. I'm dealing with a somewhat similar situation at the moment and it seems California and Ohio laws are not that different, so have been wracking my brain for anything that could help both of us. All the best to you!

Post: 77K return . . . but I wouldn't do it again!

Maggie TasseronPosted
  • Investor
  • Palm Desert, CA
  • Posts 215
  • Votes 63

Too bad this article has such a misleading title; a lot of people will just glance at it, assume they get it, and not bother reading on. Of course, those are probably people who don't have the vision required to be in this kind of business in the first place.

Nice job on the reno...it looks beautiful!