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Can You Really Kick Them Out for Trespass - Landlord Forum thread 202782

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Can You Really Kick Them Out for Trespass by Anonymous on June 10, 2010 @01:02

Awhile back, I read somewhere that a landlord can call the police and get the tenants arrested and kick them out without eviction if they fail to pay rent, PROVIDED that the lease/rent agreement expressly allows for that right. I then included the provision below in my lease form, but never had to rely on it. Well, I have that chance now, and really would like to call the police on the non-paying bastards and get them arrested if that really works - in addition to failing to pay this month, they have been a constant pain to me and to every other tenant in the building; just within the past week, the police got called there twice for disturbing peace. Anyone knows if the provision below is going to work?

"Daily Rental. If Tenant(s) are in default for not paying the monthly or Additional Rent, this Agreement shall become a daily rental until such time when all rent and Additional Rent payments are brought current or terminated by Landlord. Once a written notice of default is given by Landlord, a daily rental term shall begin immediately following Tenantsí failure to cure the default. If Tenant(s) do not pay all outstanding rent and Additional Rent by the tenth (10th) day from the date of the notice of default, Tenants shall immediately vacate the Premises or be subject to arrest for theft of services and/or trespassing."

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Re: Can You Really Kick Them Out for Trespass by Anonymous on June 10, 2010 @03:03 [ Reply ]
One important detail - the subject property is in California.

Many thanks in advance for any subtantive advice on this subject.

Re: Can You Really Kick Them Out for Trespass by Gail K (GA) on June 10, 2010 @06:55 [ Reply ]
You can put in your lease that your tenants must wear pink booties or dance naked on the front lawn...but that doesn't make it legal or enforceable.

What is likely to happen (and will almost CERTAINLY happen in the tenant friendly state of California) is that law enforcement will tell you nonpayment of rent is a civil, not criminal matter and that you must go through the court system to get an eviction.

Now, disturbing the peace IS considered to be a criminal matter which is why the police responded; this does not mean they will evict the tenants without a court order granting them the ability to do so but it does give you more evidence to terminate the lease THROUGH THE COURT SYSTEM when you file for eviction.


Re: Can You Really Kick Them Out for Trespass by A.T.SF (CA) on June 10, 2010 @08:40 [ Reply ]
What Gail said is correct...California is a very tenant friendly state and if you are in an extra liberal county or city like San Francisco, Marin, L.A., Santa Monica you better be ready to get your thick skin on. No I do not think the provision will work on it's own. Consult with an eviction attorney most will give you 30 min free over the phone or go to a local landlord advocacy organization to get some advise. You would think that if they don't pay, they don't stay and in some respects that's true but not without all of the T's crossed and the i's dotted.
Re: Can You Really Kick Them Out for Trespass by 574-Brad (IN) on June 10, 2010 @20:11 [ Reply ]
This would be awesome, and I'm sure that we used to be able to do this. 30, 50, maybe 100 years ago? I really don't see it being legal anywhere in the US today. I think in some states, you are just lucky to be able to evict them
Re: Can You Really Kick Them Out for Trespass by P-Bone in WNY (NY) on June 10, 2010 @23:53 [ Reply ]
What you are actually trying to do, with that clause, is to revert a monthly rental to a hotel room. Landlords do not have the ability to change the use of the property in that manner. I think in some states you can specifically zone a building to be a "Boarding House" in which you rent out specific rooms and can dictate who lives in the room, but to my knowledge, that takes a lot of paperwork if you generally rent out normally. It might be good for a college type of rental though. I don't think you can extend the rights of a hotel (daily rental) to a monthly rental legally, even if you get them sign it, it's likely superceded by state and local laws.

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