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Won UD;lockout on Friday
by Kathleen (CA)
on August 26, 2015 @15:27
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Served UD on tenant and Does 1-10.
Only original tenant answered within the 5 day answer period
I won in court; had the tenant served with the writ of passion. The lockout is tomorrow.
Just got a text from someone informing me that she was not named so she is planning on staying.
Do I have to start ALL OVER? Or will the tenant and any/all people who claim they are living there be locked out?
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Re: Won UD;lockout on Friday
by MrDan (Georgia)
on August 26, 2015 @17:21
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This information will give you the details on what is required of both occupant and landlord under California Landlord Tenant laws in such a situation.
Basically the unnamed occupant can delay the eviction if certain requirements are follow. Weight all your cost and time as that $1500 the unnamed occupant is asking might be the quickest and less expensive way to go. Good Luck
Occupants Not Named In Eviction Lawsuit or Writ of Possession
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Re: Bankgound on this tenant (a cautionary tale)
by Anonymous
on August 26, 2015 @17:33
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My husband owned this property before we married, so I didn't have any dealings with this tenant until my husband passed away last year. I did keep the books and receits of all repairs (Re-stucco'd in 2009; interior paint 2010; new carpet and vinyl 2011; new heater and hot water heater in 2014).
Tenant is a slow pay, with a story about how his SS check goes to the hospital, who takes out his copays and sends what is left over to him. Total b.s.). Went over in Jan 2015 to collect rent and discovered he had cut the carpet out with a box knife. Why? His wife was tired of it. When am I going to put in new carpet? And NOT THE CHEAP STUFF LIKE LAST TIME. Well, never. So he tells me he is moving and wants his deposit back. (Should have started the UD then).
Feb 2015 finds all the vinyl RIPPED out on every seem (his wife was tired of it.) When am I going to fix the floors? NEVER.
M/A/M he is late but pays after he gets a 3-day Notice.
In June, he doesn't have the money/hasn't gotten his SS checks/doesn't know when it will come.So I serve him with a 3 day notice and an unlawful detainer, for him and Does 1-10. He answers the UD but no one else does. We go to court, I win, get a judgement and get a writ of possession; have it served and now there is a lockout order with the sheriff locking them out next week.
Now some random woman claims she lives there and wants $3k (up from $1500 in her second text).
Moral of the story. Slap a 3 day notice as soon as the rent is late. Don't accept any monies, file a UD, go to court, ask for a judgement of unlawful detainer in favor of you, with back rent and court costs awarded to you. Once that judgement is filed, get a writ of possession, pay the sheriff to serve it and then pay the fee for a 5 day lockout (about $300). You have to be there as does a locksmith (another $100). You can keep the deposit to cover repairs and back rent. You do need to send the tenant an explanation of what you did with the $$$ WITHIN 21 DAYS or the tenant can sue YOU for 3× the amount.
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Re: Won UD;lockout on Friday
by Anonymous
on August 26, 2015 @22:22
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I would ask the sheriff if this person has to prove residency - mail sent to the house, driver's license or other document with the address on it. Read that link......if they insist go through the process. The supposed resident will have to put up 15 days rent with the court - it will cost them money. Maybe they will bail at that point. I would NOT pay this person a dime.
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Re: Won UD;lockout on Friday
by Katiekate (New York)
on August 27, 2015 @09:18
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I would continue with the lock out.
If this woman shows up...get the sheriff to get her ID. Make sure you get her full name from it. Make sure the address is your house (proof she lives there). Then, have with you a notice to pay or quit. Hand it to her right there. Explain to her that if you file against her her credit will be ruined and an eviction will be a permanent part of her history too. The pain will be with her for the rest of her life. Explain it to her and assure her you will proceed if she does not leave.
I would not pay her anything. I would take her to court
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Re: Won UD;lockout on Friday
by Melanie (CA)
on August 27, 2015 @15:56
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Kathleen, Ive read all the other replies so im just going to add my 2 cents. Your John Does 1-10 covers all known and UNKNOWN occupants, of which this person is one of them. The court makes NO distinction being an "original" tenant and any other person that may have a claim of tenancy. The court did not cherry pick when they granted you legal possession. When you were granted the UD, it covered EVERYONE. The sheriff will only care about your paperwork that grants you possession from those persons you know and those you dont (ie, JD's 1-10). Tomorrow, let the chips fall where they may, IMMEDIATELY change all the locks and post no trespassing notices everywhere and be prepared to arrest if the court order is violated (the UD).
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