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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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I have rented my home to a girl and her fiance. They are both on the lease. She is the Guarantor, or the one guaranteeing me that i will receive the rent every month. He is on the lease as a tenant. They have been there two months. Her fiance's sister moved in with her boyfriend I guess. I do not have any paperwork on them and they are not on the lease.
The police have been dispatched to the house on 6 occasions for loudness, partying all through night, screaming and yelling obscenities at 5 a.m. in the front yard, jumping off the roof into the pool, teasing the neighbors dog, and a minimum of 7-10 people at the home everyday at all hours. A minimum of 5-10 cars is there all the time. My neighbors reported walking by several times and smelling marijuana. I have known my neighbors for 40 years, and they are fair people. There have been 3 complaints filed at the police department. The sisters boyfriend was talking on cell phone walking up and down the street saying very loudly that he is going to get even with which F@#$$% neighbors had his car towed, because it was in front of their house for five days and never moved. I am beside myself about this. The girl (guarantor) on the lease called me the other day and asked me to take her fiance off the lease because he choked her out and was going crazy. Can i take him off the lease? And, i want to give them a 30 day notice or sooner because my neighbors are terrified of these people. Also, do those other people have the right to be there if they are not on the lease? And, I dont think she is living there right now, so do i have the right to have these people leave my home if she is not living there and he is off the lease? I am afraid that my house is going to be destroyed because these people have absolutely no respect for me or my neighbors or themselves. I want them out of there as soon as possible. They signed a nine month lease. She is the guarantor. If she is not living there, can i go in there and tell those other people to leave. They are trespassing and i dont even know them. PLEASE help me. |
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#2 |
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Your lease should include provisions that they must use the property normally and quietly. Arguably they have breached the lease with these numerous events. That would be reason to end the lease. And to hold them accountable for damages etc. until you re-rent/
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#3 |
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Although you don't know thew people who are in the house, the tenants can always say that they are their "guests" and have a right to be there. You cannot have them removed individually.
Your tenants have violated the right of peaceful enjoyment of the neighbors by their actions in your property. Get copies of all the police calls and reports from that address. Please post your state so I can give you specific information. But generally, you need to issue them either a Perform or Quit notice (to stop the behavior or leave) or an Unconditional Quit notice (saying just to leave) depending on your state. These notices are generally 3 to 10 days in length. Then you will have to file eviction against the BF, the GF, "and all others" to remove all occupants of the house. Make sure your paperwork says this or the BF & GF can leave the others behind and you have to evict again. Since it does not sound as if you know this procedure, you should start by calling attorneys and asking for a residential eviction specialist (one who ONLY does evictions - NOT a real estate attorney or one who has done evictions). You want someone who knows the evictions procedures from many years of experience. If you call around you will find one and may even find one who does these for a flat fee (usually around $500 + court costs). Call an attorney and let him handle this since one mistake on any paperwork can cause you to have to start over again. Let the attorney handle this for you would be your best move. |
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#4 |
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I am in Upland, California.
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#5 |
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CA uses a 3 day Quit notice. I strongly advise you to get an eviction attorney since CA is so tenant friendly. One mistake in paperwork and you'll be at square one again. Let a competent attorney handle this for you. If you don't know who to call, I suggest you call a local LL association and ask for a recommendation.
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