06MagneticZ

iTrader: (13)

Ok, so my mom owns a home in Los Angeles, Silverlake to be exact. The house has 3 units, my mom lives in one, my grandma in the other, and my mom's friend and her family lives in the 3rd unit.

There was no rental agreement between my mom and her friend. They agreed that she would stay there temporarily for 6 months and agreed to pay $900 a month. It has now been over a year and they will not leave. There is no rental agreement and the unit was actually being occupied as storage, was never really intended to be rented out. I did read the Eleven Reasons for Eviction http://www.tenant.net/Other_Areas/Ca...ngel/evic.html
and reason #8 may apply here. The landlord seeks in good faith to recover possession of the rental unit for the use and occupancy by the landlord, or the landlord's spouse, children, or parents, provided the landlord is a natural person, or for a resident manager.

However, I read on that same page that this reason requires approval from the Rent Stabilization Division. A landlord must fill in a form and file it with the division. This is what I am trying to avoid since my mom was just doing her friend a favor and never set a rental agreement. My mom just needs them to leave and is willing to give them a 30 day notice.

Can anyone shed some light on this issue?

Where can I find more information on this matter?

Any personal experiences similar to this one???

Thank you in advance for any input.

julian

there's a law firm in LA that handles a lot of evictions. i don't have the info with me right now but his name is "something Brock". he has a radio show on the AM dial and i believe will answer simple questions over the phone. he's pro-landlord.

i tried looking for him on google but couldn't find the right one. i found this guy but i don't think it's the guy i'm thinking of.

http://www.lawyers.com/California/Lo...2591668-f.html

if you still need it i'll try to remember to post back with his info when i get home

Boneout JZA80

iTrader: (89)

My parents own 3 buildings in Koreatown. Honestly bro eviction is hard because the law is pretty liberal usually catering to tenants etc..., by law the whole process can take roughly 6 months while evicting them and technically they do not have to pay you in those 6 months.


Im finding out from my dad and ill get back to you, but we have owned these since 1997, for the most part are tenants are pretty good because we treat em pretty fair but we've had a rotten apple or two in the mix.

Ill get back to you on verbal agreements but regardless, evictions are a pain in the azz.

stein

iTrader: (3)

CA is one of the states that make it tough to evict someone. My parents had a hell of a time. The tenant knew the laws and worked them to her advantage to stay as long as possible, which was about 3 months from the time she was informed to leave.

Your best bet is to contact a firm that deals with evictions, going it alone isn't just in the eyes of the judge since there is a lot of paper serving involved. It should run about $1k or so to get em out. Sucks but people suck when it comes to things like this!

Boneout JZA80

iTrader: (89)

+1 youre right i agree with you too, losing that $1k is better than 3-6 months of no rent..

hope the situation pans out better for you bro

TheOtherRob

iTrader: (14)

Ive been through this before and its a *****. They are apparently getting mail if they have been there that long, and since they do, they are by law considered residence of that household. And since there was no lease, you do not qualify for a eviction (we didnt). So after about 10 tripes to the court house, there was nothing we could do. The law is screwed up big time when it comes to things like this. Your best bet is to get a lawyer. After it was all said and done (we had to foreclose to get them out) a lawyer approached me at my job and we talked about it, and she told me that I should have filed a ******* (I dont remember the name) but it is exactly for that situation. A good lawyer should know what that is and take care of it. Its a mess, a shitty situation.

Boneout JZA80

iTrader: (89)

If it is rent control:

two things : you would have to pay rellocation expense can reach up to $2,000-$4,000 for usually the average person or disabled can reach up to$15,000

or

you can kick them out with a justified cause" if they did something bad"
process takes 60-90 days


if it doesnt have rent control:

youre in luck you can give them a 60 day notice




dad just contacted our attourney, we're unlucky cause all of our rental properties fall under rent control


good luck hope that helps

THE ROADSTER

iTrader: (3)

This is the firm I used, don't try to do it your self.
http://www.evictionlaw.com/QuickOverview.html

lgear080

iTrader: (21)

I am not an attorney!

.... Does your mom have keys to the house? She should
have the unit rekeyed, and all of the items removed. In
my opinion the "residents" are tresspassing on personal
property and have ZERO rights to possess. Clearly this
course of action is not necessarily upright, but in my
opinion these people are abusing your mom and the situation
needs to be handled.

Step up. Kick them out. Let them prove to the court they
have a right to be there. The burden could be placed on
them. They won't be able to defend themselves as they sound
like wastes of flesh and they will be to busy trying to figure
out where to sleep to make a court date.

**** them. Help your mom. Get her out of this mess now.

julian

^ ummm... no. his mom gave them the keys to the place. expressed contract. if his mom's friend takes legal action, his mom is screwed and will prolly make getting a legal eviction more difficult.

BUT if the tenants don't take legal action, his mom would have luck on her side.

lgear080

iTrader: (21)

^ exactly. my wager puts the honus on the tresspasser.
the likelihood is that she can rekey in their absence, and
essentially put them out on their ***. they will be ****ed,
and rightfully so imo. let them hire an attorney, let them
represent their position to the court. having this kid's mom
find an atty an set a court date will cost t and m.

I still say rekey and KICK THEM OUT ON THEIR NONPAYING
ASSSSSSS.

I would help your mom do it myself I am so angry.

Clearly these times call for more desparate measures.
Go find a paying renter and use a lease next time.

Expressed contract my ***. They have no document,
no contract, no 3rd party witness to contract, nothing!
Good luck in court!

jubes

iTrader: (22)

correct me if I'm wrong, but isn't a Verbal contract w/ witnesses in the state of California just as valid as a written one?

jubes

iTrader: (22)

My Co-worker is going through the same situation... she used this site

http://www.expressevictions.com/

TheOtherRob

iTrader: (14)

You should know that if you receive mail to a household, you are a resident by law. If his mom where to throw their property out of their residence, she would be in court for months. Trust me, I went through this not too long ago. OP, tell your mother to get an attorney asap. That is the only way your going to get anything done, and do it soon because the court system moves like syrup.

M6SXTZ

iTrader: (4)

stiff arm and a firearm will solve all your issues here... hey, its your word against theirs!

lgear080

iTrader: (21)

I disagree Rob. The system is clogged. The tresspassers don't have any money.
Unless the state presses charges, which would be highly difficult for them to do
given the circumstances, the mother is in the clear.

What charges could she face? I think the tresspasser would get stuck looking for
shelter! They're not going to want to rot, homeless, in the streets, while attempting
to prove that they were wrongfully evicted after tresspassing for over half a year.


**** em.

onedirtyz

iTrader: (3)

hmm i've no idea what cali law says but if there's no written contract/lease/whatever... aren't they just squatters?

TheOtherRob

iTrader: (14)

Well in your case you would be right, but they are not trespassing. They are residents of that establishment. Even though it is the OP's mothers house, the people that are living are in fact residents, they receive mail in their name to that house. If they are using a PO Box for their mail, then maybe you could do that. But if their mail is coming to that house, there is nothing you can do about it except take them to court and try and pass an eviction based on a verbal agreement that has been broken or what I said above. Trust me, a women talked my 85 year old father into buying her a house that I knew nothing about. She stayed there for 1 year and never made a payment. I could not evict her because there was no lease. We ended up foreclosing on that house since it was the only way to get the bank off our backs. You could go and throw all their stuff out, but if they hire a good lawyer, the OP's mom is going to end up in court for a long time. The law is screwed up. Even under the pretense that the women committed elderly fraud, there was nothing that I could do.

But like I said before, there is a certain procedure you can do to evict someone without having a lease. I just cannot remember the name of it to save my life. Hiring a good lawyer now is the best step in getting this resolved.

julian

The firm i was thinking of is Dennis Block & Associates. 323-938-2868

www.evict123.com
the radio program is every Tuesday 9:30am 1460 AM

the ad says unlawful detainer for $100.

another article in the magazine kind of describes the process. you have to serve notices, file an action in court to get an unlawful detainer, etc etc... basically to get a judgement of possession from a judge. with the court judgement you go to the court clerk's office to get a writ of execution. with the writ of execution you go to the sheriff's office, pay fees, the sheriff posts a notice to vacate (eviction notice), the tenant has 5 days to move out. if the tenant is still there at the end of the 5 days, you, a locksmith, and the sheriff meet and go in there with guns drawn.

says it usually takes 45 to 60 days to get to that point after getting the unlawful detainer.

doesn't have any info on the verbal contracts so you should ask a lawyer. good luck. next time make them sign a contract.

lgear080

iTrader: (21)

Wow. You guys are all pushovers.

If I called a lawyer for every rental issue I had I would
be dead ****ING broke, but what do I know? I use the
power play because it works. I would not think twice leaving
these pieces of trash on the street, as that is where they
clearly deserve to reside.

I think everyone is overestimating the ability of the people
squatting. These are degenerate, low-life, scamming trash
which are taking advantage of the OPs mom. They likely
don't understand their rights. I would still take my course of
action, as that what family is for.

T=M!!!