Tenant will not leave my parent's home. What do I do?

,

I see by your profile that you live in CA.

California landlords seeking tenant eviction must file an unlawful detainer lawsuit in Superior Court. Unlawful detainer suits are summary court procedures, meaning they move quickly. Once a California landlord files, a tenant usually has five days to respond to the landlord's summons and complaint. In California, if a tenant disputes a landlord's unlawful detainer suit, the presiding judge will usually set a trial date within 20 days, deciding for or against the landlord. As per homeguides.sfgate/tenant-not-leave-30-days-notice-41499.html.

Since the cable was opened in your Mother's name, she can very easily cancel it.

We did file a unlawful detainer but he is dragging it. My attorney told me if he files for bankruptcy(which is his plan because he has done it before) we will not be able to kick him out until its discharged. He set up the cable under contract for 1 year. my mother canceled it and was charged $500 for cancelation fee.

Did you contact the cable company to explain that it was fraudulently set up? Have your lawyer send them a letter.

You should contact the office for abuse against the elderly or abuse to a person over 65. Since he claims he steals their food, yells at them and unlawfully got service cable under your mother's name. If eviction in California is so difficult, then try criminal charges against him. Hope this works.

Call Federline and ask for help. If the guy getvoilent they should call the police. They do indeed also need to contact a lawyer asap to get an eviction. Put a lock on anything they can in their home in the meantime to keep him out of their personal belongings. Maybe you parents and family can make it so miserable for the tennant that he decides to leave on his own. Best wishes!

Does your parents' house have enough space for you or another family member to go and stay with them? While that would make things a little more crowded, of course, they might feel safer.

Has anyone offered him money to leave? I know this goes aagainst the grain but it might be cheaper than legal fees.

There was a family in California who hired a lived-in nanny from Craiglist. As soon as she moved in, she gradually stopped doing her job- after the reaching the minimum stay required to become a tenant. When they fired her and she refused to leave, the police said that they cannot interfere. It's not a criminal act.

The family have to follow the protocols of a landlord evicting a tenant. The family had to issue an eviction notice and post it on the nanny's bedroom door. The law protects tenants from being locked out of their apartment in which the landlord keeps all that's locked inside. The law protects the tenants by giving them time to find another apartment. Therefore, don't assume that this is going to be a quick solution. With regards to the family who hired a live-in nanny, the court ordered the family that they cannot lock the tenant out of the house, prevent access to the bathroom, disconnect the power, etc... Therefore, the wife has literally padlocked the refrigerator so that the nanny tenant cannot have access to their food, locked away all the shampoos, soaps, toilet tissues, clothe soap, etc.... The nanny has been dragging this for SEVERAL months now. This nanny also knows the California law regarding landlord/tenant - and this is not the first time it has happened.

I think, because your elderly parents are involved, it's a very good advice for family members to move in to keep an eye on your parents. Most importantly, find a good lawyer who understands the landlord/tenant law so that they can help your parents most efficiently.

Seriously? Here I would put his crap on the road and change the locks. Let the impetus be on him to show he was illegally put out. Be sure to point out the danger to your parents.

So like California to protect the criminal. I agree with several of the posters here.....if possible have a family member move in and call the elder abuse people. Adult protective services should be able to help.
Good luck and God Bless.

You "called a lawyer." You need to hire one who's an expert in landlord/tenant law. Get a name from the head broker at a major real estate agency in the town in which your parents live.

It has been told me by apt. owner offer them $ like $200 or $500 if they will be out by Friday.

Consider secretly installing security cameras (like those used to catch nannies abusing children). You might catch this person doing something illegal (verbally or physically abusing your parents, theft or acts that violate the lease). You'll have evidence to get police interaction and also persuade the court that this person presents a danger to your parents well-being. Have you considered telling your parents' story to the media? Sometimes public opinion and sympathy gets great results because others are in your situation. You say that your 70-year old parents rented the room to subsidize their mortgage payments. I know from personal experience how the elderly become attached to their homes. BUT is it possible for them to consider selling the house and moving to affordable senior housing? When the unwanted tenant is removed, they will still have that financial problem.

Wait a minute here---despite everything everybody else is saying in their posts, you nor your parents should be afraid of this guy!! If he is going to file for bankruptcy to avoid paying rent, then throw his stuff on the street, change all the locks on the doors (and put a couple of new dead-bolts on the outside doors, too) & keep this loser out of their home. Let him hire an attorney to prove that he is being wrongfully evicted---if he's filing for bankruptcy, then he'll have no money to retain an attorney. Even if he did, it's his burden to prove that he was wrongfully evicted. Then your parents can put into evidence that he didn't pay rent, committed fraud by opening a cable account with your mother's social security number (how did he get her social security number, anyway?) & was not wrongfully evicted. They can say that he was threatening them as well. Neither your parents or you should be afraid of the system & what "could" happen. Move forward immediately, and worry about crossing bridges when you get to them. If your parents throw him out of the house tomorrow, change all the locks & he can't get in, he'll need money for a retainer fee for an attorney, then it will take a while for the attorney to file suit against them, a while for the judge to rule on a motion........it will take so long to move through the court system that by the time anything happens, it won't pay for the guy to bother fighting it because he'll have to find someplace else to live. And if he tries to break in, have your parents call the police & have him arresting for trying to break in to their home. I doubt the guy carries a copy of the lease--if there is one---on him at all times, so it would be rather impossible for him to show on to the cops, and your parents shouldn't show it to the cops either. Have him arrested, let him post bail & find somewhere else to stay.

Not for nothing, but they should have gone to the police about the fraudulent cable account----that's identity theft & it is a felony. Your mother wouldn't have been charged a $500 cancellation fee if they did this before they cancelled the account, either. She would have had to file charges against him, which is what she should have done.

Another thing is this: Is there a written lease agreement? If there isn't, your parents can do whatever they want. They can throw the guy out today & he can't do anything about it.

Don't be afraid of this guy or the system. Even though the system may seem to protect the perpetrator, if your parents throw the guy out, it will take a while for him to get a lawyer, file a lawsuit, have a judge rule on a motion, etc. He probably can't afford a lawyer anyway. Throw him out & worry about it when you have to cross that bridge.

Can nothing be done with the fact that he stole your Mother's social security number and used it fraudulently? File criminal charges? Quick google on identity theft in CA:
"Falsely Personating" Another
Anyone who falsely impersonates another person with the intent to obtain money or other types of property also commits a crime in California. Falsely impersonating another is punished as a larceny offense. This crime is either a misdemeanor or felony offense, depending on the value of the stolen property.
(California Penal Code section 530)
Elder or Dependent Adults
Someone who commits identity theft against an elderly or disabled adult in California faces more significant penalties. Additionally, caretakers who are responsible for caring for an elderly person or dependent adult face tougher penalties if they commit identity theft against that person.
(California Penal Code section 368)
I'm also a big fan of katiekat2009's reply!

I agree with all who said 'just put his crap in the street'. Part of this game is fear and intimidation, that's why he picks on older people. Put his stuff out and move in the room yourself. Let him prove he was ever there in the first place. Maybe he'll be dumb enough to use the cable bill to prove residence ;-))

I was in a similar situation with a home I owned 50% of. My aunt owned the other 50 %. We had tenants who were damaging the space they rented and causing problems for the other tenants. I went to a lawyer and he informed me of all of the legal details and how it would take time and money. The other owner, my aunt all of 5 feet tall and about 125 pounds, banged on their door and told them to get their s**t out in three days or she would have it all put on the curb on the 4th day and the locks would be changed.
I was so worried that we would be in such legal trouble but they were out in 2 days and never heard from again.
THROW ALL OF HIS STUFF OUT ON THE CURB AND CHANGE THE LOCKS. Enough with this persons rights. He can't afford an attorney and his biggest problem will be finding another sucker. That should keep him busy.

Put a skunk in their apartment. Deny all knowledge of how he got in.

I was thinking a three-day old fish hidden in his room somewhere. 'Course the whole house'd reek. Still, it might be worth it. ROFL

Seems to me the Hell's Angels chapter in Chula Vista could solve this. If dad was a veteran, I would contact a VFW or American Legion or Patriot Guard.

Question: When was the last time he filed bankruptcy? If he filed a Chapter 7, he cannot file again for 8 years. Federal law. A chapter 13 will only mean he has to arrange monthly payments, if he does not file a plan, the case is discharged. Eviction needs to start before the bankruptcy and an unlawful detainer given him by the judge, once this happens a bankruptcy won't stop the eviction process. Only if it is filed before the unlawful detainer. Landlord & Tenants rights through HUD will help fill in the blanks as to their rights. Get them to file the complaint against him, and I agree someone needs to stay there until this is done.

Best wishes

Maggie you've reminded me of the divorcing couple feud where the wife unscrewed the finials from the curtain poles and put whole unpeeled prawns into the tubing, then screwed the finials back on. To her delight, when her husband moved out he huffily took the curtain poles with him on the grounds that he'd installed them in the first place.

Tee-hee-hee. But not the sort of thing I approve of, of course.

Agree with the posters who said put his stuff out on the street and change the locks. Is there a younger male relative who can stay with your parents for awhile?

I know you can't cry over spilt milk but it alarms me to see people in their 70s still having mortgage payments. Maybe time to look at downsizing. And for God's sake do a background check. I mean they couldn't find a nice young lady just out of college with her first job to move in?

In addition to all else, I would call the local press whatever consumer fraud person who calls folks up and gets things fixed. I guess you don't need us to tell you that your parents need more of a watchful eye than anyone has had on them before this. Let us know how this works out, please!

I agree with the other posters who said it is time to downsize and move into something where the mortgage payments are more affordable, where your parents wouldn't need to find a boarder.

Janet1999, is there a written lease between your parents and the tenant? What is the break lease clause, if any?

My suggestion is to move your parents out of the house and have them live with other relatives or friends, and put all their household goods into a storage unit. Then call in a Realtor to put the house on the market For Sale, assuming there is no lease, otherwise the new owners will have to honor the lease. The electric and water have to remain on. With no food in the house, the tenant will decide it is time to squat elsewhere.

It will be expensive, but a lesson learned to screen the tenant.... with my rental properties I always used a Realtor to find my tenants and everyone was great. Shady people won't go to a Realtor to find a room to rent in a house, because they need to have good credit background check and good recommendation from their current or past landlord.

This seems to fall under " Crimes against the elderly " I would talk to a lawyer about this.

After reading other responses, I agree that fraudulently using your parent's Soc. Sec. # is grounds to press charges against him. You could also notify the cable company immediately about that who might will sue him. I had an experience with illegally evicting my nephew. He is bipolar and refused to take his medication. He smoked marijuana, destroyed furniture, harassed my elderly mother for money, etc. I tried to help him for a year. One day when he threatened to kill me, I phoned the police who then took him to the hospital. While he was hospitalized, I wrote a letter to him, his social worker and doctor informing him that he could no longer live here and detailed my reasons. I put his property in storage and paid for 3 months. About 4 months later he appeared at my door with the police who informed me that he be could continue living here. I stood my ground refusing to admit him. Three squad cars showed up and I told them to they could take me to jail but I would not let him back in. My neighbors appeared yelling to the police to leave me alone. The police captain showed up, took me inside and asked if I wanted to press charges against my nephew. I did not want to do that. I showed him the damage my nephew had done to the house. He asked me again if I wanted to press charges. Finally I got it! He'd been trying to tell me that was the only way I could keep my nephew out of the house. That's what I did. FYI, in NYC the penalty for an illegally eviction (meaning without going through landlord tenant court) can cost the landlord three times what the amount of rent. Bottom Line: I'd press charges for fraudulent use of the Soc. Sec. #. I would take the risk of tossing this guys things on the street. If he goes to the police or social services agency, I'd swear that he threatened my parents lives, too. (From experience I know that social workers are trained to advocate for their clients and do not care about the landlord and will advise the client of their legal rights.) Still I would risk it to protect my parents. Good luck. Please let us know the outcome.

Put a padlock on the refrigerator, put an alert on their credit bureau files, do not accept anymore money for rent, then go six months and evict this person. Document everything harassing to your parents and file an Order to Show Cause for eviction. It goes without saying they should have done a background check, but one never knows when someone will turn violent. Protect them!

His crap would be at the curb in the blink of an eye. Change the locks. He's a common thief and con artist. Treat him like one. If your parents are reluctant to do so, do it for them. Get a couple of friends to assist. Notify the locksmith to be there on the same day or do it yourself and buy the new locks before going there. Do it all in one day. You can do this. Go get um.