OT: Eviction

[hydrahawk]

OK, if his name is not on the original lease, could he claim Squatter's Right? Can we remove him from the premises because his name is nowhere to be found on the original lease?

His latest thing is " it is the landlords fault for allowing us renting the room to him!" How absurd is he? He doesn't have money to move so he is squatting. I tried to offer him $350 (the money he owes me) to move out by the 9th..."NO! I cannot take time off from work." I really want to mess him up. I am so frustrated.

[saltyESQ]

My two cents: call legal aid and get some free LEGAL advice. RC (and in particular, property managers) is not a reliable source for legal advice. Not a jab at property managers at all, just not trained or qualified to give reliable advice.

[saltyESQ]

Here's a couple of resources:

Bet Tzedek
http://www.bettzedek.org/contactus.html

Public Counsel
http://www.publiccounsel.org/contact.htm

They can probably give you some practical guidance on how to resolve your issue. They are experts in unlawful detainers and landlord-tenant disputes.

[gtrestoration]

I think most of us here can understand and assign value to the information they receive in threads here regardless of their relationship to reefing. While I wouldn't take it to the bank I do think someone that has been in property management for a while has a pretty good handle on how something like this will play out as far as the tenant-property owner relationship is concerned. That of course will depend on the supporting documentation that only the OP is privy to.

If it were me, at this point I think I'd begin by being upfront with the landlord since it's your responsibility to protect his property. From a legal standpoint I'm not sure the OP has any leverage to oust this squatter. If this guy won't leave at your request and he has nothing in writing isn't he trespassing?

SteveU

[SENSIREEF]

Id throw him out on his %#$

[SENSIREEF]

He would be lucky if he didnt leave with a broken nose....

[SteveOhh]

I'd take the advice of someone who has worked in a property managment firm, for 15 years before I'd take FREE advice from "legal aid." If it's free, how good is it going to be? We deal w/ this sort of stuff on a daily basis & I've never been in court & lost, because I cross my "t"'s & dot my "i"s, before I do anything that could haunt me in the future............

Just my .02................

[hydrahawk]

My landlord knows about this and he wants me to do it the legal way. I really wants to throw his junk out and change the lock on him. You are right, if there is no paperwork, then he is trespassing. I am working on getting legal help.

[GinaSofia]

he's not trespassing..he's a renter.He rented from you and as such he's entitled to the full eviction process.

I am not an attorney but I've been doing this for almost 19 years.

We just got rid of 3 guys who took over a 3 bdrm. unit when the original lessee moved out...it took us almost 4 months because they contested it and could prove that they had paid rent here to the original renter.

For your sake I hope this guy doesn't have any receipts from you.

[saltyESQ]

Originally posted by SteveOhh
[B]I'd take the advice of someone who has worked in a property managment firm, for 15 years before I'd take FREE advice from "legal aid." If it's free, how good is it going to be? We deal w/ this sort of stuff on a daily basis & I've never been in court & lost, because I cross my "t"'s & dot my "i"s, before I do anything that could haunt me in the future............

That is just plain silly. Bet Tzedek and Public Counsel (among other free legal service providers) have tremendous experience in landlord-tenant and unlawful detainers (among other kinds of legal matters) and are a great resources for individuals who cannot afford counsel. For the individual who started this thread who is understandably upset at the prospect of losing $350, he obviously cannot afford to hire a lawyer, nor does the amount at issue warrant hiring one. In light of the fact that not one substantive suggestion made in this thread has been factually or legally appropriate or sound, it would be far more sensible for him to try to get someone on the phone who can give him reliable guidance so he can act accordingly.

[GinaSofia]

Originally posted by saltyESQ
For the individual who started this thread who is understandably upset at the prospect of losing $350, he obviously cannot afford to hire a lawyer, nor does the amount at issue warrant hiring one. In light of the fact that not one substantive suggestion made in this thread has been factually or legally appropriate or sound, it would be far more sensible for him to try to get someone on the phone who can give him reliable guidance so he can act accordingly.

Do you need case #'s for it to be "factually sound" enough for you?

Mike, you seriously need to stick to being a public defender for crack dealers in Pacoima..or wherever.

[saltyESQ]

Please do not take my comments personally, they are not in any way intended to offend. The substantive suggestions posted on this thread are incorrect and unhelpful at best, and constitute practicing law without a license at worst. I gave him referrals for legal service providers which could help him at no cost and provide quality legal advice. And yes, even defending a few drug dealers makes me better qualified to answer his questions than a property manager with no legal training. Property managers should stick to managing properties...collecting rent, coordinating repairs, taking lease applications...all perfectly appropriate. Giving legal advice is not on that list.

[GinaSofia]

Exactly what is wrong with the advice/opinions that have been given?

Once you've answered that- it would be good for you to know that I handle all of the unlawful detainers from the serving of the 3 day to the writs of possession for over 1500 units.

And,while I never had to take the BAR,I also never failed it ...nor have I lost a case.

The OP was asking for advice not for any legally-binding contractual BS.Relax & have a Coke.

[saltyESQ]

You're not a lawyer, therefore, you have never won nor lost a case. You've never tried a case. You've never had a client. Stop trying to be a lawyer, you are a property manager. Get over it. If you want me to explain to you why your so-called legal advice is incorrect, you can sign my retainer agreement and pay my hourly rate. Incidentally, if you are employed by the owner of a property who is a party to a legal action, you're not legally permitted to serve documents. My process servers are messengers who get paid $40 a run. They serve dozens of parties per day, thousands per year. Are they qualified to give legal advice too?? Amazing.

And I don't think the person who started this thread was asking for unreliable and inaccurate responses from people whose opinions are based on nothing more than the experience of delivering documents and accepting lease applications. Just a guess.

[GinaSofia]

Originally posted by saltyESQ
Incidentally, if you are employed by the owner of a property who is a party to a legal action, you're not legally permitted to serve documents.

How fantastic is it that I can quote you on this??

You are so wrong.
Below you'll find a COPY AND PASTE,notice WHERE IT SAYS "landlord CAN serve"

I know it took you a couple of tries but congratulations on finally passing the BAR..I think.



"PROPER SERVICE OF NOTICES
A landlord's three-day or thirty-day or sixty-day notice to a tenant must be "served" properly to be legally effective. The terms " serve" and "service" refer to procedures required by the law. These procedures are designed to increase the likelihood that the person to whom notice is given actually receives the notice.

A landlord can serve a three-day notice on the tenant in one of three ways: by personal service, by substituted service, or by posting and mailing. The landlord, the landlord's agent, or anyone over 18 can serve a notice on a tenant.

Personal service - To serve you personally, the person serving the notice must hand you the notice (or leave it with you if you refuse to take it).258 The three-day period begins the day after you receive the notice.
Substituted service on another person - If the landlord can't find you at home, the landlord should try to serve you personally at work. If the landlord can't find you at home or at work, the landlord can use "substituted service" instead of serving you personally.
To comply with the rules on substituted service, the person serving the notice must leave the notice with a person of "suitable age and discretion" at your home or work and also mail a copy of the notice to you at home.259 A person of suitable age and discretion normally would be an adult at your home or workplace, or a teenage member of your household.

Service of the notice is legally complete when both of these steps have been completed. The three-day period begins the day after both steps have been completed.

Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address.260 (This service method is commonly called "posting and mailing" or "nailing and mailing.")
Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed.261

How to count the three days is explained above

A landlord can use any of these methods to serve a 30-day or 60-day notice on a tenant, or can send the notice to the tenant by certified or registered mail with return receipt requested."

Here,read/study a little more:

http://www.dca.ca.gov/publications/l...rviceofnotices


Thank God I will never need your services and I seriously hope your malpractice insurance is paid up.Happy Hannukah

[saltyESQ]

You apparently already need my services. While the logical side of my brain realizes that I have somehow offended you by describing you for what you are--an overly ambitious property manager with no legal training--the lawyerly side of me feels compelled to point a few of the many examples in the Code of Civil Procedure (including those provisions specific to unlawful detainers) which not only prohibit parties to an action from serving documents, and in some instances, limit service to marshals, sheriffs and registered process servers.

So Gina, here are just a few examples from the Code.

Here's one section describing the requirements for the proof of service (you know, that document you've signed thousands of times swearing that you are not a party to the action)

1013a: (1) An affidavit setting forth the exact title of the document
served and filed in the cause, showing the name and residence or
business address of the person making the service, showing that he or
she is a resident of or employed in the county where the mailing
occurs, that he or she is over the age of 18 years and NOT A PARTY TO
THE CAUSE, and showing the date and place of deposit in the mail,
the name and address of the person served as shown on the envelope,
and also showing that the envelope was sealed and deposited in the
mail with the postage thereon fully prepaid.
(2) A certificate setting forth the exact title of the document
served and filed in the cause, showing the name and business address
of the person making the service, showing that he or she is an active
member of the State Bar of California and is NOT A PARTY TO THE
CAUSE, and showing the date and place of deposit in the mail, the
name and address of the person served as shown on the envelope, and
also showing that the envelope was sealed and deposited in the mail
with the postage thereon fully prepaid.
(3) An affidavit setting forth the exact title of the document
served and filed in the cause, showing (A) the name and residence or
business address of the person making the service, (B) that he or she
is a resident of, or employed in, the county where the mailing
occurs, (C) that he or she is over the age of 18 years and NOT A
PARTY TO THE CAUSE, (D) that he or she is readily familiar with the
business' practice for collection and processing of correspondence
for mailing with the United States Postal Service, (E) that the
correspondence would be deposited with the United States Postal
Service that same day in the ordinary course of business, (F) the
name and address of the person served as shown on the envelope, and
the date and place of business where the correspondence was placed
for deposit in the United States Postal Service, and (G) that the
envelope was sealed and placed for collection and mailing on that
date following ordinary business practices. Service made pursuant to
this paragraph, upon motion of a party served, shall be presumed
invalid if the postal cancellation date or postage meter date on the
envelope is more than one day after the date of deposit for mailing
contained in the affidavit.

AND IF YOU WERE WANTING SOMETHING SPECIFIC TO UD ACTIONS, HERE'S THE CODE CITE:

415.46. (a) In addition to the service of a summons and complaint
in an action for unlawful detainer upon a tenant and subtenant, if
any, as prescribed by this article, a prejudgment claim of right to
possession may also be served on any person who appears to be or who
may claim to have occupied the premises at the time of the filing of
the action. Service upon occupants shall be made pursuant to
subdivision (c) by serving a copy of a prejudgment claim of right to
possession, as specified in subdivision (f), attached to a copy of
the summons and complaint at the same time service is made upon the
tenant and subtenant, if any.
(b) SERVICE OF THE PREJUDGMENT CLAIM OF RIGHT TO POSSESSION IN
THIS MANNER SHALL BE EFFECTED BY A MARSHAL, SHERIFF, OR REGISTERED
PROCESS SERVER.
(c) When serving the summons and complaint upon a tenant and
subtenant, if any, the MARSHAL, SHERIFF, OR REGISTERED process server
shall make a reasonably diligent effort to ascertain whether there
are other adult occupants of the premises who are not named in the
summons and complaint by inquiring of the person or persons who are
being personally served, or any person of suitable age and discretion
who appears to reside upon the premises, whether there are other
occupants of the premises.
If the identity of such an occupant is disclosed to the OFFICER OR
PROCESS SERVER and the occupant is present at the premises, the
OFFICER OR PROCESS SERVER SHALL SERVE that occupant with a copy of
the prejudgment claim of right to possession attached to a copy of
the summons and complaint. If personal service cannot be made upon
that occupant at that time, service may be effected by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint addressed to that occupant with a
person of suitable age and discretion at the premises, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises in a manner most likely to give actual notice to that
occupant, and (3) sending the same addressed to that occupant by
first-class mail.
In addition to the service on an identified occupant, or if no
occupant is disclosed to the officer or process server, or if
substituted service is made upon the tenant and subtenant, if any,
the officer or process server shall serve a prejudgment claim of
right to possession for all other persons who may claim to occupy the
premises at the time of the filing of the action by (1) leaving a
copy of a prejudgment claim of right to possession attached to a copy
of the summons and complaint at the premises at the same time
service is made upon the tenant and subtenant, if any, (2) affixing
the same so that it is not readily removable in a conspicuous place
on the premises so that it is likely to give actual notice to an
occupant, and (3) sending the same addressed to "all occupants in
care of the named tenant" to the premises by first-class mail.
The person serving process shall state the date of service on the
prejudgment claim of right to possession form. However, the absence
of the date of service on the prejudgment claim of right to
possession does not invalidate the claim.
(d) Proof of service under this section shall be filed with the
court and shall include a statement that service was made pursuant to
this section. Service on occupants in accordance with this section
shall not alter or affect service upon the tenant or subtenant, if
any.
(e) If an owner or his or her agent has directed and obtained
service of a prejudgment claim of right to possession in accordance
with this section, no occupant of the premises, whether or not such
occupant is named in the judgment for possession, may object to the
enforcement of that judgment as prescribed in Section 1174.3.

Bottom line: Get over it property manager. You didn't go to law school. You didn't take the bar. You are legally prohibited from giving legal advice. And for a good reason, it's wrong.

[GinaSofia]

I didn't give legal advice,I gave advice/& my opinion.If anybody needs to get over themselves it's you.

You're first QUOTE has nothing to do with UD's.

Further you're quoting codes regarding summons,complaints,& judgements.Of course those aren't served by me,Pendejo.

You barely made it past your exam and now you're barely some flunky Public Defender..who got through law school on his "Fiance's Dime".Everybody knows,fool.

Anyhow,you're boring me.Goodnight.

[saltyESQ]

I love the repeated edits to your post trying to bolster your claim. You're going crazy. hahah

I never realized property management could be so stressful!

And since when is the Dept of Consumer Affairs website legally binding (or even citable) authority in California?

Gina, you can make up insults about me all night. I have a thriving law practice and love what I do each day (and fyi, I'm not a public defender, although that's perfectly respectable). I am very thankful to have worked very hard to get through college, law school, pass the bar, bought two houses, and become a millionaire before I was 30.

I'm sorry this discussion has upset you to the point where you feel the need to curse in foreign language. LOL

Have a good night!

[raskal311]

[SteveOhh]

Neither Gina nor myself (the two people that work in Property Management) gave him any bad advice. We merely told him what he can't do & how the whole lease & sub lease system works.

Tell you what...................why don't you continue defending criminals & leave the PM stuff to the people that deal with it on a daily basis. I don't tell you how to defend scum, you don't tell me how to lawfully evicit someone..................Simple enough for you Mr. Attorney???? BTW................we keep an attorney on retainer that deals in nothing but rental law. If I need a question anwsered, I ask him. With this type of situation, I don't need to ask. I'm very familiar w/ the laws....................You're time will be better spent trying to get some scum off for beating his wife...........

And people wonder why lawyers are so looked down on..................

[818]

Merry Christmas?

[gtrestoration]

I think the opinions given by the professional property managers was sound. I don't look at as legal advice, just opinions. Nowhere do I see that they suggested anything unsound. If so please point it out to those with less knowledge. Comments by others may have been over the edge but I think as adults we can see they were in jest.


And... IBTL

SteveU

[roxy25]

Originally posted by SteveOhh
Neither Gina nor myself (the two people that work in Property Management) gave him any bad advice. We merely told him what he can't do & how the whole lease & sub lease system works.

Tell you what...................why don't you continue defending criminals & leave the PM stuff to the people that deal with it on a daily basis. I don't tell you how to defend scum, you don't tell me how to lawfully evicit someone..................Simple enough for you Mr. Attorney????

And people wonder why lawyers are so looked down on..................

LMAO I would say something but I am not part of this arguement this is dam funny though I want some popcorn Raskal

[gtrestoration]

Wait, wait, wait...

From the California Department of Consumer Affairs website.

PEOPLE NOT NAMED AS TENANTS...
http://www.dca.ca.gov/publications/l...ppendix1.shtml

WHEN CAN A LANDLORD TERMINATE A TENANCY?
which includes...
PROPER SERVICE OF NOTICES...
http://www.dca.ca.gov/publications/l...inations.shtml

The proper service of notices looks a lot like the copy and paste stuff earlier in this thread.

SteveU

[818]

What do you guys think should I cop it?
http://lakersstore.com/index.php?cPath=47_48

#24?