Dealing with dirtbag tenets. Part 2.

[Hot Mustard]

Originally posted by Oerdin
Man, I am a dumbass for not doing a background check before I let him rent a room from me.

QFT.

It constantly amazes me how often people don't protect themselves. We're buying a house from a colleague of my wife's, but we still got a house inspection. It just baffles me as to why people don't check references, do background checks, get inspections, credit checks, etc.

[Dinner]

At the time I was a bit worried about having to pay the whole mortgage myself and just wanted a renter. When I rented the whole house out I did indeed do background checks and credit checks but I, foolishly, thought that renting a room was different from renting a whole house. Legally, they are the same so now I am stuck filing a court case against him.

It sucks but I am at least half to blame for not checking this dirtbag out before hand. Live and learn I guess.

[SlowwHand]

I'll throw him out for air fare.

[Dinner]

If only, my friend.

[Flubber]

Originally posted by Oerdin
At the time I was a bit worried about having to pay the whole mortgage myself and just wanted a renter. When I rented the whole house out I did indeed do background checks and credit checks but I, foolishly, thought that renting a room was different from renting a whole house. Legally, they are the same so now I am stuck filing a court case against him.

It sucks but I am at least half to blame for not checking this dirtbag out before hand. Live and learn I guess.

Its unfortunate for you if the rules are the same. I know the rules in some Canadain provinces make it a LOT easier to throw out a roomate than a traditional tenant with an absentee landlord. The idea generally is that you shouldn't be forced to live with someone


I know you are trying to do the right thing here at every step of he way but there really is a temptation to just kick his ass out and let him sue. The rent you collect from a new tenant may more than counteract anything you could collect from him and if he did sue, you could have the joy of informing the court that you felt it only appropriate that you pay his PRIOR landlords any amount he is awarded


AS a lawyer I generally advise people to follow the law BUT if its cheaper to break it, the temptation is strong. Do you really think he will sue you if any award would almost certainly go to satisfy the prior judgements against him?

[Dinner]

No, I don' think he has the money to retain a lawyer and his credit, now that I have actually looked at it, is in no way good enough for a lawyer to accept him based on credit. I suspect he will just sit in the house and wait for the legal proceedings to be found against him as occured in his two other evictions. No doubt he will make claims against me but I will relay upon my word, the word of my witnesses, and upon the numerous e-mails I sent. If it comes down to his word against my witnesses and I then I will drag out how he has had six law suits found against him including two identical cases. I think I will win but it will be cold comfort given the time and expense involved.

[Dinner]

Originally posted by Hot Mustard

It constantly amazes me how often people don't protect themselves. We're buying a house from a colleague of my wife's, but we still got a house inspection.

In any event a housing inspection by a state certified inspector is a legal requirement in the State of California. Even if you like the seller then it cannot be waved. There was just to many lawsuits for the state not to require it.

[Flubber]

Originally posted by Oerdin
No, I don' think he has the money to retain a lawyer and his credit, now that I have actually looked at it, is in no way good enough for a lawyer to accept him based on credit. I suspect he will just sit in the house and wait for the legal proceedings to be found against him as occured in his two other evictions. No doubt he will make claims against me but I will relay upon my word, the word of my witnesses, and upon the numerous e-mails I sent. If it comes down to his word against my witnesses and I then I will drag out how he has had six law suits found against him including two identical cases. I think I will win but it will be cold comfort given the time and expense involved.

Too bad he doesn't threaten you or something-- Then you could probably very quickly get him out of there

[Dinner]

The one thing I didn't want to do is wait a month or two to begin legal proceedings against him. In the end he'd do the same bull**** but I'd be out a month or two more of rent.

[SlowwHand]

Evidently it would be better to have let him live there without a lease agreement. Then he's officially a guest and you could heave him with no fears at all.

[Tuberski]

Something for you to read Oerdin:

http://www.rentlaw.com/eviction/californiaeviction.htm

Some highlights:

If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.

If the court finds that the tenant acted maliciously in not giving up the rental unit, the court also may award the landlord up to $600 as a penalty.

ACK!

[Dinner]

An interesting idea which I wonder if it would work or not. After a month or two would he become a defacto tenant like if you live with a woman long enough she becomes your legal defacto wife?

[Dinner]

$600 sounds good.

[SlowwHand]

Not in Texas. In fact, it wouldn't surprise me to learn it's urban myth. I'm not so sure it was ever law, but I know here it's not now.

[Dinner]

Taxes isn't a common law state?