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

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.

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.

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

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.

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.

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.

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.

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

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.

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!

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.

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

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.

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.

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