***Any and all Lawyers please come in here!!!***

[SoCali E36]

Ok folks I need advice on a very interesting subject. A month ago my fiancé's parents purchased a house that they were renting. While they were renting the house had a guest house in the back which which had other tenants they were renting as well. Now that my parents in law own the house they refuse to pay rent and are refusing to move out. They are making demands such as "pay us 20k and we will move out". They are first time rentees So they do not know what steps to take to rid these people.


If anyone can give some legal advice I would greatly appreciate it.


TYIA!

[O-cha]

Dude, just call the cops and tell them that you have trespassers/squatters on the property, they will remove them since the obviously cant provide a lease.

[addy85]

really? call the cops bro

[SoCali E36]

I've thought about the cops but I would also like to know the legal procedures that need to be followed when it comes to evictions.

[addy85]

you can't evict someone who doesn't have a signed lease

[SoCali E36]

So what options do we have here.

[shahsk30]

Originally Posted by SoCali E90

So what options do we have here.

call the cops

[ktdw]

I'm pretty sure the cops can't do anything. They don't need a lease; they have possesion and therefore an eviction must be initiated. Call an attorney, or go down to the courthouse. They will tell you what forms to fill out. Beware, that the process seems simple, but those who know the system can be a real pain to evict. See the movie Pacific Heights?

[FStop7]

Burn the house with them in it.

[SoCali E36]

Originally Posted by ktdw

I'm pretty sure the cops can't do anything. They don't need a lease; they have possesion and therefore an eviction must be initiated. Call an attorney, or go down to the courthouse. They will tell you what forms to fill out. Beware, that the process seems simple, but those who know the system can be a real pain to evict. See the movie Pacific Heights?

Thank you for the input. I will look into this. In the meanwhile if anyone else can give some more info that would be very helpful.

[SoCali E36]

Originally Posted by FStop7

Burn the house with them in it.

Lol! Funny you say that cuz wen I heard this from my fiancé that's the first thing that came to mind haha.

[ChineseGuy]

I thought in the States, you're allowed to shoot whoever trespasses or breaks in your house...

if my info is correct, then shoot that mudafuka

[SoCali E36]

Originally Posted by ChineseGuy

I thought in the States, you're allowed to shoot whoever trespasses or breaks in your house...

if my info is correct, then shoot that mudafuka

I really wish it was that simple. But just incase that back fires and I get charged with murder I would like to give the legal way a try.








Also everyone please keep in mind this is in California. I know every state has it's own laws when it comes to evictions.

[jibaholic101]

police are the best option in this, the tenants are literally threatening extortion/blackmail

these people will be thrown out, will have no case what so ever, and will have a mark on their record

[jhv]

they refuse to pay rent and continue to live in and use the property? that sounds pretty illegal to me. go see a lawyer immediately.

[drift90]

Dude, threaten them to leave, they are practically trespassing...

Get a nice club o 2/4.. and go balistic!

[Weaselboy]

If they at one time paid rent, they are tenants and will need to be evicted. The police will take this position and cannot help you.

You might look on the web site of your local court system. Some have helpful info on how to do an eviction. If you do not know how to do the eviction yourself, get a lawyer to do it for you.

Given the apparent inclination these people have to litigate, I would not even talk to them at all. Just go with eviction proceedings.

[StrifeM3]

See heres the problem it will take forever if you go through the courts to evict these people. Talk to the police because they have no lease agreement and it would be the quickest way to get them out. Or you could grab a couple of homies and grab there shit personally put in the trash on trash day. Do it on a day when there working. I bet if they come home and find there shit out front they will get the message or you can just change the key locks on all the doors to get in.

[BigDog]

Originally Posted by Strife 335I 2008

See heres the problem it will take forever if you go through the courts to evict these people. Talk to the police because they have no lease agreement and it would be the quickest way to get them out. Or you could grab a couple of homies and grab there shit personally put in the trash on trash day. Do it on a day when there working. I bet if they come home and find there shit out front they will get the message or you can just change the key locks on all the doors to get in.

and then just wait for retaliation on your fiance's parent's home....

[darkcloud]

Originally Posted by ktdw

I'm pretty sure the cops can't do anything. They don't need a lease; they have possesion and therefore an eviction must be initiated. Call an attorney, or go down to the courthouse. They will tell you what forms to fill out. Beware, that the process seems simple, but those who know the system can be a real pain to evict. See the movie Pacific Heights?

Originally Posted by SoCali E90

Thank you for the input. I will look into this. In the meanwhile if anyone else can give some more info that would be very helpful.

The above is the only course your fiance's parents have.

They must issue an eviction/3-day notice to the tenants. They would be better off hiring an attorney that specializes in this field. The parents will need to file with the court and then have served/or serve it themselves a 3-day notice to the tenants.

Due to them being the new owners and there is no lease contract they do not have to allow those tenants that were there previously to continue renting. The circumstances seem cut and dry. Other then having to deal with them for maybe another month or two while the proceedings are dragged through the court system they'll be out in no time. They'll prolly even take off once legal actions are taken. Technically they could owe back rent to your fiances parents as they should still be paying the same rent as before only on a "month-to-month" basis.

[SoCali E36]

Originally Posted by darkcloud

The above is the only course your fiance's parents have.

They must issue an eviction/3-day notice to the tenants. They would be better off hiring an attorney that specializes in this field. The parents will need to file with the court and then have served/or serve it themselves a 3-day notice to the tenants.

Due to them being the new owners and there is no lease contract they do not have to allow those tenants that were there previously to continue renting. The circumstances seem cut and dry. Other then having to deal with them for maybe another month or two while the proceedings are dragged through the court system they'll be out in no time. They'll prolly even take off once legal actions are taken. Technically they could owe back rent to your fiances parents as they should still be paying the same rent as before only on a "month-to-month" basis.

Thank you very very much I will be on the hunt for a lawyer who can help us. If any of you are a lawyer that is willing to help please PM me.