Dealing with dirtbag tenets. Part 2.

[Dinner]

Originally posted by snoopy369
At least in civilized places, IE Chicago, evictions must go through the court system before ANY elements of eviction may be started - ie, cutting utilities, locking doors/changing locks, etc. It is illegal and unethical to cut power to a tenant for any reason without eviction proceedings in a court ...

Oerdin, sounds like you're doing it the right way. I strongly suggest presuming he has a lawyer and cooperating fully on the handing over of documents and such; that will look MUCH better in court than if you resist, even resist doing things you probably shouldn't have to do.

I've decided I will give him copies of the documents including the original written 30 day notice (reminding him I have a witness who saw me put it on his door), all e-mails where I continually reminded him Nov 30th would be his last day, and all other documents. I think I'll even hand it to him with two other witnesses present so he can't claim he never got them.

BTW it says in the lease that either party can terminate the lease with 30 days prior written notice. He got his written notice so legally he has not a leg to stand on. He's basing everything on a spurious claim that he never received written notice while I have witnesses that it did indeed happen. I'm going to win though it just depends if this guy wants to make things difficult or not but if he does then I sure as hell am gong to garnish his wages and make life hard for him.

[TCO]

You need at least a consultation with a lawyer, plus to read all the publicly available info on rental law. I think you are generally doing ok, but several things indicate gaps in your understanding and efficacy. At this point, your goal needs to be to get this guy out as fast as possible, while satisfying all the legal requirements. I know that this is stressful, but at this point forget about "winning", just get the guy out as fast as legally possible. (Once you are through all this, rent that movie Palisade Hights. Don't do it now, as it will kill your morale.)

[TCO]

How are you going to enforce the eviction? Have you read through how to do this? I don't think you can just dump his stuff in California. Think you need a sheriff there or something. It varies by jurisdiction. Anyway, you need to have this all figured out ahead of time and for some reason, you give me the impression that you don't.

[SlowwHand]

"How are you going to enforce the eviction? "


It's called a baseball bat.

[TCO]

Oh...and regarding the "lawyer". You should ask him to have his lawyer send you written requests. (And put that in writing.) email should be in addition to written notes from you. I think putting notes on his door is sufficient if witnessed. I would read up on that as well though.

[TCO]

Originally posted by SlowwHand
"How are you going to enforce the eviction? "


It's called a baseball bat.

It's called battery. You might get away with it. Or you might not. Not a chance worth taking, if you have any assets.

[Dinner]

There has been a new hickup. I've consulted an attorney just to make sure and I am glad I did. Apparently the 30 day notice needs to be posted on the door instead of slipped under the door plus a copy needs to be mailed even though we share the same house. I didn't mail a copy thus that notice isn't legally valid.

Now I have to put up with ****bag for another 30 days. I will post one on the door, mail him a copy, and give him a copy personally with witnesses. I will do so today which means he's out on Dec 23. Ho Ho Ho, merry ****ing Christmas.

[SlowwHand]

If I was him, I'd eat all your food and drink all your beer.

[Dinner]

Also my 30 day notice wasn't valid since in the city of San Diego you can't just write a letter informing them they've received their 30 day notice and to vacate at the end of 30 days. It must, repeat must, notify that the tenancy is being terminated in accordance with provisions of Civil Code 1946. That is a bull**** legal technicality but I now have a form specific for the laws of this state and city and I will reserve him.

The bad news is even then I can't just toss him out and instead must go through the process of a legal detainer which may take a month or more. Eventually I can garnish his wages but that doesn't help in the mean time.

[Dinner]

Originally posted by SlowwHand
If I was him, I'd eat all your food and drink all your beer.

He basically does that any way.

[SlowwHand]

[Caligastia]

You have my sympathy Oerdin, but it does sound as though you were a bit slack in checking this guy out before letting him in. Oh well, you've learned a valuable lesson or two.

[Lord Avalon]

If you're not going to have him disappeared while you're out of town, maybe if the head of a (fill in appropriate creature) were chopped off and stuck in his bed while he sleeps, he'll get the message.

Originally posted by Caligastia
You have my sympathy Oerdin, but it does sound as though you were a bit slack in checking this guy out before letting him in. Oh well, you've learned a valuable lesson or two.

Including a lesson in eviction procedure. Good luck with that. Maybe we'll see it on "Cops."

[Dis]

Originally posted by Oerdin


He basically does that any way.

if you want, I could eat all your food and drink all your beer.

[Zkribbler]

Originally posted by Oerdin
Anyway, today James has written me back saying he has a lawyer and he's suing me for illegally evicting him without notice. I don't think he has money for a lawyer or that one would accept his case even if he had money since all my ducks are in a row.

It's a near certainty that, if he did have a lawyer, it would be the lawyer writing the letter, not him.