What the hell do I do????????

[jsteinb95]

Some of you may know we left our home because we couldn't afford it, and moved 100 miles away.

Sportrider's co-worker asked if he could rent the house from us for $450 a month. We agreed on it.

Danny went 2 weeks ago to show them the house and we were asking the full $450 to move in. He said he could only give $200 and would give the rest on payday (a week later)....Danny agrees......mistake #1. So, last Friday rolls around and no call from him. Oh, I might add that he's on "workman's comp" so Danny hasn't seen him at work......and that he's an ex con and I didn't know til after Danny gave him the keys. Danny finally gets a hold of this guy, and the guy says that he's still waiting for his check and will pay next week.....which would be THIS WEEK, Nov. 17 - today!!!

Danny tried calling him today (left a message) and of course the fu*ker doesn't answer.

I want him OUT of my house. I don't care that I'm not paying on the house anymore, I'm not gonna let these freaking people live there for free. He came to us and he suggested the $ amount. If he can't/won't pay $250, then how can/will he pay $450? Once again, these f**king people always want something for nothing.

So, how do I get him out??? Do I show up with the 12 gauge? or a freaking bat? or do I take a bunch of guys down there with me? The cops won't do sh*t.

This was a huge mistake!

Does anybody have any suggestions?

EDIT: I don't think they will leave if I just ask.

 

[FZ1inNH]

Sorry J... that is a tough situation. Being an ex-con? I'd be inclined to show up with the shotgun, BUT, you can always go and change the locks on the place when they're not there then tell them you'll meet with them to remove their stuff at a later date. Have the local police at least keep an eye on the place, have neighbors call you if anything suspicous takes place?

I hope you get it resolved!

 

[jsteinb95]

Sorry J... that is a tough situation. Being an ex-con? I'd be inclined to show up with the shotgun, BUT, you can always go and change the locks on the place when they're not there then tell them you'll meet with them to remove their stuff at a later date. Have the local police at least keep an eye on the place, have neighbors call you if anything suspicous takes place?

I hope you get it resolved!

Thanks Eric. That was my exact thought; change the locks.....they'd probably just break in. Or.....what if I take the front and back door off the hinges?

I don't know any of the neighbors, I chose not to have a friendship with any of them.

 

[MarinaFazer]

Is there a signed rental agreement?

Police don't too highly on breaking and entering or squatters. They could have stolen your keys and copied them...

no contract/signature, no actual legal right to be there. Out they go.

 

[FZ1inNH]

Thanks Eric. That was my exact thought; change the locks.....they'd probably just break in. Or.....what if I take the front and back door off the hinges?

I don't know any of the neighbors, I chose not to have a friendship with any of them.

At least if they break in, the term "ex" con will become con after they're arrested for breaking and entering. I take it there is no written contract? If not, you have every right to step in and take care of this accordingly.

 

[jsteinb95]

Is there a signed rental agreement?

Police don't too highly on breaking and entering or squatters. They could have stolen your keys and copied them...

no contract/signature, no actual legal right to be there. Out they go.

no paper work at all!

I just don't know if the cops would do anything......they are so damn lazy there.

EDIT: Good point Eric. Thanks

 

[MarinaFazer]

yea, you have every right to change the locks. Lock up the house, and stake it out to see what happens (ie: a break in) in which case you call the cops saying someone is in your house "maybe with a weapon". They'll be over right quick.

 

[jsteinb95]

yea, you have every right to change the locks. Lock up the house, and stake it out to see what happens (ie: a break in) in which case you call the cops saying someone is in your house \"maybe with a weapon\". They'll be over right quick.

I think that's what I'm gonna have to do! Not looking forward to the 200 mile drive though.

 

[FizzySix]

I would start with meeting with an attorney that specializes in real estate law.

It sounds like you don't have a lease? In which case, he probably has no right to stay there, and the police should be able to escort him out of your house. If there is a lease, I think you'll need to start a formal eviction process...but I'm no attorney.

Then, yes, change the locks, and before you rent the home again, I'd advise picking up some books from the library on being a landlord. There are usually free or low-cost courses offered by local housing and development councils, at least in my area, which will help you craft leases, learn where to go for background checks, help you understand eviction processes, etc.

...or you could just go with the shotgun approach, which may be legally questionnable but a lot more entertaining :rockon:

 

[MarinaFazer]

haha DO NOT DO THIS but...

don't you have every right to kill someone breaking into your home as long as you shoot them dead so they don't sue you for assault?

something weird like that? I remember someone saying that if you defend yourself in your home, to kill the guy because there was a case where a guy broke into a house by falling through the glass skylight of the kitchen and busted open his leg on a knife and sued the home owners! LOL

DO NOT SHOOT ANYONE!

 

[jsteinb95]

I would start with meeting with an attorney that specializes in real estate law.

It sounds like you don't have a lease? In which case, he probably has no right to stay there, and the police should be able to escort him out of your house. If there is a lease, I think you'll need to start a formal eviction process...but I'm no attorney.

Then, yes, change the locks, and before you rent the home again, I'd advise picking up some books from the library on being a landlord. There are usually free or low-cost courses offered by local housing and development councils, at least in my area, which will help you craft leases, learn where to go for background checks, help you understand eviction processes, etc.

...or you could just go with the shotgun approach, which may be legally questionnable but a lot more entertaining :rockon:

no attorneys..

We are going into a foreclosure in a month. We figured this guy could live there for about 7 months, before the bank "takes" it.

If you guys don't see me on the forum for a while, you'll know I handled this thing illegaly.

 

[jsteinb95]

haha DO NOT DO THIS but...

don't you have every right to kill someone breaking into your home as long as you shoot them dead so they don't sue you for assault?

something weird like that? I remember someone saying that if you defend yourself in your home, to kill the guy because there was a case where a guy broke into a house by falling through the glass skylight of the kitchen and busted open his leg on a knife and sued the home owners! LOL

DO NOT SHOOT ANYONE!

lol....I've heard that too.

That whole thing with the burglar falling through the skylight.....is from that movie Liar Liar, with Jim Carey LOL!

 

[ANLR21]

No contract, they have very few rights, but they do have some even on a handshake.

Even though you're nearing foreclosure, really suggest you talk to a lawyer before just changing the locks, because you are then preventing them access to their possessions, which can end up causing problems for you. I'm no attorney, but I played one on TV.

Doesn't seem right, but it's reality. Check first. Each state varies.

Good luck. :thumbup:

 

[MarinaFazer]

i'm a dork...officially

 

[FZ1inNH]

no attorneys..

We are going into a foreclosure in a month. We figured this guy could live there for about 7 months, before the bank \"takes\" it.

If you guys don't see me on the forum for a while, you'll know I handled this thing illegaly.

HEY!!!! Be careful!!!!!!!!!!!

 

[luckyirishboy209]

ok first not a 12 gauge! i .38 cant be tracked back to u:thumbup: just go to the house and put some drugs in their; and call the cops saying he broke in ur house and is selling drugs to little kids:thumbup: just change the locks, and leave a note saying if you want ur sh%t give us a call. ill sell it back to u for $250

 

[Ghost Weim]

haha DO NOT DO THIS but...

don't you have every right to kill someone breaking into your home as long as you shoot them dead so they don't sue you for assault?

something weird like that? I remember someone saying that if you defend yourself in your home, to kill the guy because there was a case where a guy broke into a house by falling through the glass skylight of the kitchen and busted open his leg on a knife and sued the home owners! LOL

DO NOT SHOOT ANYONE!

Not sure what the gun laws are in CA - but do you have a castle doctrine? That allows you to protect your "castle" (home) - which is still technically yours since you hold the mortgage and they have no rental agreement.

I would exhaust all legal means first but may rely on this at the end...

 

[luckyirishboy209]

bye the way i have had this happen befor. you cant get in trouble for changing the locks, they had a chace. talk to cops first, see what they say and ask what ur rights are? then go from their. just because he is an ex-con dosent mean he was doing hard time, or did forthing real bad, dont be scared of that, but use cation.

 

[rent-a-reaper]

i had a squatter one time and the cops told me: since they changed thier postal address to my house i couldn't force them to leave. I had to go through a formal eviction process, which takes 30 days

 

[jsteinb95]

bye the way i have had this happen befor. you cant get in trouble for changing the locks, they had a chace. talk to cops first, see what they say and ask what ur rights are? then go from their. just because he is an ex-con dosent mean he was doing hard time, or did forthing real bad, dont be scared of that, but use cation.

Scared? I'm not, but I'm thinking this may be a way to get him out. He was a drug dealer in Colorado.

He has a warrant for his arrest.

i had a squatter one time and the cops told me: since they changed thier postal address to my house i couldn't force them to leave. I had to go through a formal eviction process, which takes 30 days

That is freaking BS!