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I moved a coworker tenant out after no rent - Landlord Forum thread 356114

I moved a coworker tenant out after no rent by Jane (CA) on February 9, 2018 @23:45

                              
I had a coworker whom I decided to rent to against my better judgement. I ran a background on her and I didn't see anything other than bad credit. After she stops paying rent my daughter found out that she's had over 10 evictions. She stopped paying her rent and began to threaten me at work so I moved her things into storage. I cleared out the apartment and posted a letter of abandonment on the door. The police were called, an illegal lockout report was made and she gained access to the apartment the same day. I thought she would just move out and never come back since I helped her along but that isn't the case.. Yes I know it was wrong but I did it anyway and feel no shame to be honest.

Now she's claiming that I stole money and refuses to get her items out of storage. I'm filing for eviction but her stuff has been in storage for 2 months now and I don't want to pay for it anymore. She's had access to her things and has already sent a demand note with the cost for the movers to move her items which is clearly untrue. There's a mattress, frame and a refrigerator that's still in there. I think she wants me to move the items back to the unit but I'm not because she hasn't paid rent in over 3 months.

What do I do with the items in storage? Do I discard the items or pay for them? I shouldn't have to pay for her stuff when she's had plenty of time to get them out. I know I will get sued in small claims court and I'm okay with that but am I liable for anything else?

I've tried to get an attorney but nobody wants the case because of the lockout. If you could point me in the way of an attorney who will give me legal advice instead of asking me why I did this that would be wonderful.

Any help is appreciated.
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Re: I moved a coworker tenant out after no rent by Anonymous on February 10, 2018 @00:18 [ Reply ]
You violated the law, and no attorney is going to touch your case. What money is in it for the attorney? You aren't going to win anything in court.

You do nothing with the items in storage, because they shouldn't even be there in the first place. Regardless of whether you feel shame or not, you didn't follow the law on how evictions should be handled, and you enacted an illegal eviction (lockout).

If you want this situation to be over, why don't you try cash for keys. Give her back her security and end the lease without evicting her. Be done from it and learn from your mistakes.
Re: I moved a coworker tenant out after no rent by Jane (CA) on February 10, 2018 @01:53 [ Reply ]
So I just pay for the items to sit there? For how long?

She already got 3 months of free rent from me so I'm not giving her any cash.

Illegal lockouts give a minimum of $250 fine plus a daily rate of how long the tenant didn't have access to the property. She got access the same night and her items the next day.

Should I have moved her things? Of course I shouldn't have. This is the first time I've done this. I got upset because she was bragging about how she would stay there for years for free and she doesn't know who she's messing with. Did I let my temper get the best of me? Sure. I offered her 3 weeks to move and she didn't take it so I'm going forward with the eviction.
Re: I moved a coworker tenant out after no rent by Stephen (Washington (WA)) on February 10, 2018 @14:32 [ Reply ]
You appear to be dealing with a professional tenant. That is a tenant more conversant with all the LL-T laws and how the courts work. You will never be able to resolve this on your own. She has been down this road 10 times or more and learned lots of tricks to delay.
You do need a lawyer. IF you don't want the lawyer to ask you why you did what you did, then when you first meet with them advise them that you don't want to be asked that but just want to get to the end result (which I assume is having the tenant gone).
Someone said there was nothing in this case for an attorney (as though it would be contingent pay). I disagree. There is something in this case but it ALL is going to come from you on a hourly basis. Yes it is going to be expensive. But I believe it will be cheaper than allowing the tenant to stay there without paying you anything. Think of the cost this way: If the tenant stays a year how much have you lost in rent not received and in insurance and property taxes you paid? Two years? At some moment in time it is cheaper to pay the lawyer.
Re: I moved a coworker tenant out after no rent by Jane on February 10, 2018 @15:06 [ Reply ]
Thanks for that I will hire an attorney.

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