I was checking out a bunch of stuff about evictions and related because of the nanny from heck that will not leave. In her particular case, she is one of those people that sues anybody for any reason and the courts have noted that calling her a Vexatious Litigant.
"CNN confirmed that Stretton is on the California Courts' Vexatious Litigant List, a list of people who continually bring legal action, regardless of merit, against others with the sole intention of harassment. CNN found dozens of lawsuits filed by Stretton in California over the years."
I would, in the case of someone in my home where I live, wait until she left, change the locks, box her stuff carefully, and move it to a storage unit the I paid 2 months for. Let the cops try to let her back in, refuse and take the risk of some criminal or civil issue. There is value to not being harassed in your own home. What would you do?
I have done 7 evictions, more than half were there the day the Sheriffs showed to do their part. I never had to do the in court part where the people argued that they should be able to stay. I am very careful about my documents and the moment the tenet is hostile, I only communicate on paper about their moving out. Have you ever sued your landlord, a tenet, or a roommate, was it worth it?
My experience is that most of the tenets that do shitty things have nothing and suing them would be without value. It would only give them motivation to think about you again and again, and add you to their list of people they blame for their failures. What was your experience?
[This message has been edited by FriendGregory (edited 07-08-2014).]
When I first heard of this story, this immediately popped in my head:
Either way, I'd make her life a living hell passive aggressively. You know, cranking The Macarena or something like it 24/7...it's my house, I can do what I want right?
[This message has been edited by fastblack (edited 07-07-2014).]
If I was a landlord (or was going to hire someone to live in my home like the nanny), I'd do some serious background checks. If someone has a history of damn near anything other than very positive, they wouldn't move in.
It appears that according to CA state law, you can't just go and change the locks. You have to file for eviction in court, and if it's granted, you sit back and let the cops carry out the eviction. Any deviation from that procedure, especially trying to carry out the eviction on your own, can get YOU in as much trouble as the evicted person.
Considering that the woman in the article has already fallen out of favor with the court system, the eviction would probably be approved pretty quickly. The cops then escort her away, and you're done with it. Why risk legal repercussions that could haunt you for years (or decades)?
Originally posted by Blacktree: Why risk legal repercussions that could haunt you for years (or decades)?
Because, with your kids in the house, I would not let a hostile person stay. Granted, I would move my stuff into storage and my family into a hotel. The difference is, I can afford it - today. The eviction handled professionally, should never run 60 days, and if un-responded, used to be about 20 days, now close to 30 days for fail to pay. The day she was fired, she should have been presented a rental agreement(who would have guessed it would have turned this way) and 3 days later, a 3 day to pay or quit. Charge a high enough rent that anybody would be stupid to stay.
It would have also been ok / smart to pay her to leave but, that is long past. Of course, that would depend on the amounts. The nanny would be a clear target for a nuisance lawsuit if she had anything. Or, if you paid her to leave, extortion. Then again, I never sued anybody, you?
[This message has been edited by FriendGregory (edited 07-08-2014).]
LMAO....I had a C&D and threat to sue me in March---I didn't even bother with a lawyer, just basically told the other side to frack off, listed a portion of the evidence and witnesses I have, and asked how they would like a new boyfriends while doing time for lying on court documents if they chose to proceed.......they shut up and went bye-bye REAL quick. I think the snapping sound was their tails headed between their legs they left that fast.
That stinks. Sounds like you need a good lawyer. At this point I would be worried she would try and hurt herself on your property "accidentally" in a last ditch effort for your cash. I guess I would start recording conversations, or even video too.
[This message has been edited by 2.5 (edited 07-08-2014).]
Just remember that laws are different in each state and you can create real problems for yourself if you violate them. In Alabama it took me nearly five months to get someone out of my rental house after the first eviction notice was posted on the door by the court personnel. Between the start of the process and the final forcible eviction of the renters (sheriff's deputies carried their belongings out to the driveway and left them) nearly a year passed. During that time I lost about $15000 in rent and they managed to do enough damage to the property that it cost around $40000 to restore the house. I disliked those laws but did not want any potential cell time for myself so I had to use the legal process to get these less than desirable renters out of the house.
I had a rental house in Calif. for 24 years and still have another. I had to evict people twice, once the tenant remained until the Sheriff came on the last day to throw her out. One guy left a old Honda motorcycle, I advertized in a free paper for free, come and get it and it disappeared, this was before Craigslist or I didn't know about Craigslist. The same guy left a old car, he had a friend who wanted it and I told him to take it. These two could have all kinds of legal problems in Calif. I was lucky to get rid of them. In Calif. tenants are considered poor people and poor people are figured to vote for Democrats so tenants have all the rights and the landlord is considered rich and therefore the scum to the Democrat party which totally rules the state.
Originally posted by hnthomps:nearly a year passed. Nelson
Did you do all the paperwork yourself or, have a lawyer do it or, a person that specializes in rental evictions. I would not use a lawyer but, I would consider using one of the professional eviction servicing companies. For the most part, the government recognizes your right to your property so, the process is designed to get your property back.
$40,000 to restore the house? Either there was meth abatement or, it was one sweet place when you were done. That would be a crazy amount of damage. Having professional tradesmen doing the work in an expensive area would bill that up quick.
Cost of professionals vs DIY. I was quoted $17,000 to put down a sidewalk and I did it with my friends for under 2K. I had my friends helping just when pouring and paid them $25 a hour.
Im looking into this right now. My tenent who rented the other side of the house (it is split in 2 with a wall) has their own gas and electric meters. Well in the last week they had their gas and electric shut off due to non payment. Because of that the sump pump in the finished & carpeted full basement dont work. With all the heavy rains weve had lately thats not good. I havent had a reason to go down there till today. I take my flashlight down and find 2' of water in the entire basement. All their stuff, plus mine stored there is ruined. Im guessing the newer furnace and water heater are junk now too. Im going to have to sue them for all the damages. Im not letting them in to get any of all their computers or office equipment unless they pay for all the damage or bring police to force me to. If they give me a hard time about it ill dump all their stuff in the basement into the water...then let them have it.
I would not assume anything is unusable except the finished part of the finished basement. Please keep us updated on the eviction that it sounds to me like you will have to do. You have no legal standing to lock them out so, this may get interesting fast. Do you have in the rental agreement that power must be kept on? Residence or business for your renter? If they are not there and have been gone even a couple days, move everything to a storage and declare the place unusable do to damage and the risk of mold due to their actions. Post a notice for inspection for abandonment.
Oh, there not locked out at all. Theres been no one there for weeks. They still have their keys. They do have a written and signed lease agreement. Theyre welcome to come and go as they please, but cant do much with no power. Some rooms and basement dont even have windows, so theyre pitch black inside. Im just not going to let them move anything out till the damages are paid for. I didnt have anything of real value there, but several older tvs, electronics, vacuum, tents, snow blower and couch were there, all in good condition. There a roofing business office. According to some reviews I looked up last nite online, they are typical rip off artists...taking peoples money and not doing the work. Obviously, not making enough with stolen money to pay their bills though.
You would be better off processing the eviction as abandoned and getting the place back and repairing it to limit the damage. Around here, you have to hang on to their property for 30 days. Usually I take a bunch of pictures and toss it in the trash can, the value never is more than a few hundreds of dollars and my expenses are always much more than that. You have a lease, you can sue for the remaining of the lease but, do you think there is anything to collect?
