How do I evict someone from my home who has never paid rent, has received mail at my home and I have asked to leave but refuses to leave?

Asked by Dayd, Los Angeles, CA Mon Sep 19, 2011

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12
Deborah Brem…, Agent, Los Angeles, CA
Tue Sep 20, 2011
Hi Dayd;
Anyone who has been a tenant "in fact",with or without a lease in place, has rights. You cannot just "take his/her belongings out the door"; doing so may put you in legal jeopardy. Hire a third party to handle a legal eviction for you. Los Angeles is a huge area, and smaller communities located within LA have there own rent control laws and boards.
Document everything on a timeline as well as you can remember it. Do not leave any documents lying around with your personal signature on them. An agent in my office had a client with a situation exactly like yours; when the time came for eviction, the "tenant in fact" had created a forged lease, and the situation got very complex. (Sheriffs would not evict with a "lease" in place, etc)
PLEASE PLEASE PLEASE get an eviction service or attorney.
Deborah Bremner
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
(D) 818.564.6591
http://www.thebremnergroup.com
Accredited Buyer Representative|Certified Distressed Property Expert |Pre-Foreclosure Specialist Certified
I want you to know that I appreciate any referrals from friends and associates who may be in the market to buy or sell real estate. You can count on me giving them the same high-quality service I provide to all of my clients.
1 vote
Jeanne (Geni…, Agent, Virginia Beach, VA
Tue Sep 20, 2011
Dear Dayd,
Every state has different laws, so I am not going to try to stir you in what could be the wrong direction, but instead I am going to give you some links which might be helpful to you. Remember it is always better to be safe than sorry, so if I was you I would consult with an attorney who specialize in that type of problem. It is probably better to pay a consultation fee (you can always do all the procedures on your own once you know exactly where you stand and what you can do). In a long run paying that consultation fee might be the best investment you've ever made. Good luck to you.
If you had a rental agreement (in writing or oral) refer to: http://www.landlord.com/lawresoverview.htm, http://www.landlord.com/guide_to_eviction_process_ca_summary.htm… http://fairhousingoc.org/landlord.html,
http://www.ehow.com/when-to-evict/
1 vote
Douglas Perez, Agent, Los Angeles, CA
Mon Sep 19, 2011
Dayd,

Well, (I hope it's not your spouse : ), I guess there's no contract and no receipts, then you take his/her belongings out the door. But double check with an eviction attorney by going to web reference below and ask your question and an attorney most likely answer it free of charge.

Good luck,
Doug
1 vote
Kjtt1974, Home Buyer, Los Angeles, CA
Fri Oct 20, 2017
I own my home and pay all the expenses .My daughters boyfriend has been staying here for free as in not paying any expenses not working for a couple months now.He doesn't clean or drive.He doesn't have any responsibilities but my daughter lives with me and wants him here.She works but doesn't pay any bills.He takes complete advantage of the situation.It is known that I have never wanted him here What are the steps I need to take to get him out of my house?There is a baby in the home but she is not his.I tell you this because he is on drugs.I need him out
0 votes
Hello Kjtt1974, I am sorry to hear what you are going thru. You can consult with the Inland Mediation Board of Los Angeles and they can give you free legal advice. You will probably have to evict him and they can assist you.

Here is a web reference link to their flyer... http://www.under640ficoscoreloans.com/Documents/Inland%20Fair%20Housing%20and%20Mediation%20Board%20tri-fold%20brochure.pdf

Give them a call and keep us posted on the outcome. Good luck.
Flag Yesterday at 1:59pm
Rsalazar5150, Home Buyer, Los Angeles, CA
Tue Aug 29, 2017
I have evicted my trendy but she had a roommate. But how do I get him out. I'm not a robot
0 votes
peanut14, , Saint Paul, MN
Tue Jul 15, 2014
I have lived here for 16 month's and paid utilities & paid for food with my GA & EBT, my "ex boyfriend" want's me out in 45 day's because we argued over his drinking "i use to drink but haven't recently because of his binge drinking" everytime he come's home I tell him about drinking and driving and he get visiouly MAD, I called the police because I was scared and he wouldn't stop yelling at me the next morning/afternoon when he got up I had locked myself in my bedroom and he wouldn't talk to me. he blammed it all on me calling the police. now he told only told my to be out in 45 day's??? is that right should'nt he give me a written day notice/ he's a great guy when he don't drink but when he does I lock myself in my room, all he want's from me is sex that has happened when I didn't want it morning noon and night. he even had me get fixed so I couldn't get preg. now he told me I have 45 day's to get out cuz I haven't put out. I go tomorrow for a follow up on that procedure. he left and told me he wanted me out. what do I do ???? I have nowhere to go no family, no friend's but a dog and cat I can't leave?????
0 votes
John Arendsen, Agent, Leucadia, CA
Tue Sep 20, 2011
Not everyone can just go out and hire an attorney every time they stub their toe. There are free forums in LA that can give you a whole lot of very valuable info. Start with Bill Handle "Handle On The Law". He's on every Saturday morning from 6 to 10 am on AM 640 radio and he is a seasoned attorney with loads of info. Just call 800 520-14KFI and spill your guts. He'll save you $$$$$$'s. Let me know how it plays out for you. I've referred many other folks on trulia and they've had unbelievable success. Good luck.
0 votes
Richard Schu…, Agent, Los Angeles, CA
Tue Sep 20, 2011
Hire an eviction attorney right away. Making one small mistake in the process can cause you to have to start all over again!


Richard
0 votes
Christopher…, Agent, Tarrytown, NY
Tue Sep 20, 2011
Hi, First question is, is the apartment a legal rental? If so is there a leas? You should really consult a local attorney to get the proper advice. For future experiences be sure to familiarize yourself with your states landlord tenant laws, it is crucial to understand these.

Christopher Pagli
Licensed Associate Broker
Accredited Buyer Representative
GREEN Designated Agent
William Raveis Legends Realty Group
914.406.9023
Web Reference:  http://raveis.com/chrispagli
0 votes
Suzanne MacD…, Agent, Succasunna, NJ
Tue Sep 20, 2011
There is really not enough information here to even begin to advise you. Are you renting an apartment? A room? Do you have a lease? Do you live in the home? Is this a friend that you allowed to stay with you, perhaps temporarily, for free to help them out of a tight spot? A girlfriend or boy friend? So many factors. Check the websites suggested, perhaps your State Department of Community Affairs, etc. Maybe even talk to an attorney. If you have a lease, read it very carefully. It is a contract and as long as the provisions are legal in your area it is completely enforceable in court. I am both a realtor and a landlord. I have evicted tenants twice, both for non payment of rent. However, you have to have some sort of agreement to pay rent in the first place. And I am not sure how you got into this situation.
0 votes
I am presuming Dayd owns a house and allowed this friend or stranger to live in the house because that person had nowhere to go. Dayd realized this person intended to stay forever and hoped Dayd will not the guts to kick him/her out. In a situation like this, its safe to say there is no paperwork whatsoever. Generally speaking THIS is the reason why as a homeowner you NEVER take in ANYONE who has no place to go and clearly depends on others for all their needs.

I had an old high school friend who asked me if I had an extra room in my house so he could stay because he was down on his luck (he has been unemployed for many years and is not even bothering to look for work anymore) and I said no. It turned out to be the best decision I ever made. I later learned he stayed at another friend's house for two years living there for free until he got kicked out for not making any effort on getting back on his feet. I would have ended up feeding him and paying for his needs had I said yes.
Flag Sat Sep 2, 2017
Duncan Bravo, , Los Angeles, CA
Tue Sep 20, 2011
I've heard that Dennis P. Block does a great job with evictions.
His website is http://www.evict123.com
It's usually best to let a pro handle this stuff :-)
0 votes
Seth Captain, Agent, Chicago, IL
Mon Sep 19, 2011
In Chicago you'd be screwed, forced to hire an attorney and spend months in the legal system but in LA I would recommend getting a Rodney King type to hang out at the door for a week straight. If the 'renter' has an issue he would be forced to result to violence (arrested) or call the LAPD who would have to allow the deranged man to stay when he claims he is your property manager. Either way, he may not want to bother residing in your house much longer. Naturally, you don't have to use Rodney King, as I'm sure there are plenty of fine caretakers-for-hire on the street corners of Crenshwaw who could do the job just as well.

Good luck
0 votes
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