Dealing with dirtbag tenets. Part 2.

[Zkribbler]

Originally posted by SlowwHand
Take him out in a body bag and any moans will be muffled.

While I'm sure that acceptable civil procedure in Texas, in California, such an action would be frowned upon.

[Lord Avalon]

I never mentioned the words "death squad."


Hey, what if you change the locks and throw his stuff out, and if anybody asks about it, you say you had a lover's quarrel. You caught him cheating on you with another man, you're tired of him taking advantage of you, so you threw him out.

If he threatens to sue, tell him you'll have to expose all the juicy details of your tawdry affair in open court.

[Dinner]

Man, I am a dumbass for not doing a background check before I let him rent a room from me. I just went to the San Diego Superior Court's website to do a check of civil court cases against James and I found he's been sued six times in the four years he's lived in San Diego. Two of them for not paying rent and refusing to vacate which is the problem I'm having now.

The good news is I will be able to recover my money, stick him with all court costs, and get him to pay a penalty fee to me but the bad news is this will take a while to go through the legal process. He didn't pay any of the other court cases, all of which were found against him, so there has been a total of six garnishments against him in the last four years.

It seems I will have to wait in line to recover my money from the other people he ripped off before me.

[SlowwHand]

Unless you just throw him out and change the locks.
Let him go through the legal hoops if he wants, he'll lose.

[MRT144]

[Dinner]

The San Diego City Landlord-Tenant Law prevents me from simply changing the locks and tossing his stuff into the street. I have to wait until his 30 days expire (Saturday Dec. 1st) then file an Unlawful Detainer case against him in the local Superior Court and wait for the court to rule. If he doesn't contest it then it takes an average of 18 days to get a ruling but if he contests it then it mightt take up to 60 days. After the ruling is made the Police come and toss his stuff into the street and I get to sue him for unpaid rent and bills which means filing another case and waiting for the wheels of justice to turn.

[Fake Boris]

Oerdin, unless the guy got his leave notice by registered mail, I think you may be in a grey zone even with a witness.

[Mrs. Tuberski]

i didn encourage him to do anything illegal he had a witness or two that saw him give this guy Notice, He is already on a month to month lease Rules for month to months are way different then long terms since they are meant to be short term only. Perhaps i stated that wrong, What i meant is for him to get a written letter notarized and signed by the witnesses that saw him deliver the notice on the date he said he delivered it. All this addidavit says is yes the person swore before me witnessing the written notice and it delivered. By back dating i meant that the notary public is aware the notice was delivered on the date thats already passed and the witnesses did indeed witness the notice delivered. The point of the legal moving company is to make sure he cant come back and claim his belongins stolen and missing if oredin doesnt pack them himself.
As i have stated before the month to months have different legal issues then long term and one of them being 30 days written notice to the dweling said tenant lives in. If he doesnt respond a lock out may be performed. Hell a lock out can be performed in texas if they are 7 days late on the rent . and will not be allowed back in till the rent is paid. And is a valid reason for eviction if all monies icluding late fess and the such are not paid

[Ben Kenobi]

Oerdin, you have jumped through all the hoops already. All the rest of this is just to cover your butt to make sure you don't end up on the hook for anything you shouldn't.

The longer you let this guy stay, and now you know that he's done this before, the more he is going to walk all over you.

[Lancer]

Is there a deep river nearby? Get a couple bags of concrete and...oh never mind.

Che, the laws which protect tenents against dirtbag landlords also protect dirtbag tenants against good landlords... like Oerdin.

[TCO]

Originally posted by Oerdin
Man, I am a dumbass for not doing a background check before I let him rent a room from me. I just went to the San Diego Superior Court's website to do a check of civil court cases against James and I found he's been sued six times in the four years he's lived in San Diego. Two of them for not paying rent and refusing to vacate which is the problem I'm having now.

The good news is I will be able to recover my money, stick him with all court costs, and get him to pay a penalty fee to me but the bad news is this will take a while to go through the legal process. He didn't pay any of the other court cases, all of which were found against him, so there has been a total of six garnishments against him in the last four years.

It seems I will have to wait in line to recover my money from the other people he ripped off before me.

It is very unlikely that you will get your money. Your priority should be to get him out as fast as possible, so you can rent the room to someone else.

[Dinner]

I do want him out as quickly as possible. If he won't leave willingly then I will have no choice but to file an Unlawful Detainer suit against him and if I go to all that trouble you had better believe I am going to file the civil case to recoupe my costs and if he refuses to pay the judgement then I will file to have his wages garnished.

I really like the idea of getting movers to move his stuff and for him to have to pay C.O.D. to the movers to get his stuff back but I think that is illegal. I think I have to wait for the Unlawful Detainer ruling then let the Police toss his crap on the sidewalk. Otherwise he can claim I've stolen stuff from him or damaged his property.

[SlowwHand]

That's what I say. The bastard has so many judgments against him already, Oerdin has no worries.

[Odin]

bull**** legal technicalities:

[Dinner]

He just spoke to me on the phone and said he won't vacate. I'm afraid this really will have to be done the hard way which is a pain in the ass.