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Thread: Evicting a DAB

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    Default Evicting a DAB

    ......
    Last edited by malloryknox; 08-18-2009 at 11:13 AM.

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    Default Re: Evicting a DAB

    Not Cali, but in Fl. Has she paid rent? Is there a lease?

    I evicted my sis's ex-best friend from a house and had to go through the court procedure even though she was using drugs (and I found a few ounces after getting rid of her).

    Here, at least, if you can get her to to a voluntary eviction, you avoid all the courts, but it doesn't seem like she would.

    http://www.dca.ca.gov/publications/l...victions.shtml

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    Default Re: Evicting a DAB

    .........
    Last edited by malloryknox; 08-18-2009 at 11:14 AM.

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    Default Re: Evicting a DAB

    It sounds like a month-to-month rent instead of a long-term lease. Should help.

    The link I provided had info on approximate cost to file, as well as cost waiver. Hope you saw that.

    The only draw back about 'it's only for a month or two' is that if they don't go, it costs you more.

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    Default Re: Evicting a DAB

    .........
    Last edited by malloryknox; 08-18-2009 at 11:14 AM.

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    Default Re: Evicting a DAB

    If she's not on the lease, there isn't much she can do to keep from being evicted.

    Call the cops, tell them she's trespassing, they come and tell her to leave or arrest her. Change the locks and get a restraining order. She'll stay away. I watched it happen to a few of my friend's ex-roommates. He always kept the shit in his name since he could afford it alone, and the roommates were just "helping him buy fun things." It's kinda dick of him, as he could evict them whenever he wanted to, but he always chose to when they were causing great problems.

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    Default Re: Evicting a DAB

    ........
    Last edited by malloryknox; 08-18-2009 at 11:14 AM.

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    Default Re: Evicting a DAB

    damn. she sounds like a meth head I hope for the sake of your friend this gets sorted out
    as damp as a cellar. . . all mildewy I'm as damp as a cellar. . . all mildewy

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    Default Re: Evicting a DAB

    is she always there?
    can't he just change the locks while she's gone and put her stuff outside?

    it's not like she's going to go to the cops.

    then when she starts screaming like a banshee, call the cops and get a restraining order.

    Tell the cops the story and since she's not on the lease there's nothing she can legally do.

    plus she probably needs to be committed.

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    Default Re: Evicting a DAB

    ./........
    Last edited by malloryknox; 08-18-2009 at 11:14 AM.

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    Default Re: Evicting a DAB

    Sounds just like a really bad case of the "ocd's" It might be something she's always had and then again it could be brought on by her meds if she's on any from her detox.
    as damp as a cellar. . . all mildewy I'm as damp as a cellar. . . all mildewy

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    Default Re: Evicting a DAB

    And after we talked, the advice got worse. My goodness.

    If you let someone into your home, they have 'rights'. If you harass them, change locks, etc., it will look worse on you when you are in front of a judge.

    Follow the legal procedure if you want her out.

    Month-to-month lessees are easier to evict than a LT leaser.

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    Default Re: Evicting a DAB

    Quote Originally Posted by malloryknox View Post
    You just gave me an idea,
    when she is gone we can put all of her stuff in storage. I would not have the heart to put it outside. Even though she is an idiot and all.

    Do not follow the bad advice you've gotten. This is among the worst things you can do.

    Just follow the proper legal procedures.

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    Default Re: Evicting a DAB

    -shrug- first I'd figure out what possible legal repercussions are in your area. first, she's probably not going to have the ability/attention to follow through on pursuing a legal form of action. and second, if you document the craziness and she's not on the lease, it's probably worth it at this point to risk it if she's that insane and driving your friend down.

    kicking someone out legally takes a very. long. time.

    and you already know she's going to ignore it until the cops come to haul her out.

    Shit, can your friend just end his lease and move?

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    Default Re: Evicting a DAB

    Quote Originally Posted by fancygirl View Post
    -shrug-
    More bad advice, fortunately she is not on SG for you to whine.
    Maybe he can call vice and see how they would fight it. lol

    Quote Originally Posted by fancygirl View Post
    first I'd figure out what possible legal repercussions are in your area.
    You owe for damages to her stuff and 100/day if you use unlawful methods.

    Quote Originally Posted by fancygirl View Post
    first, she's probably not going to have the ability/attention to follow through on pursuing a legal form of action.
    Then you will have a default judgment in only 5 days.

    Quote Originally Posted by fancygirl View Post
    and second, if you document the craziness and she's not on the lease, it's probably worth it at this point to risk it if she's that insane and driving your friend down.
    I couldn't evict a tenant from a home that was leased by 2 persons on separate leases. The one I wanted gone was IMO a danger to the other tenants child, but the cops, legal system didn't care. "Follow the procedures". Even my lawyer told me that.

    It doesn't matter if she is on the lease or not, if she has been invited into the home, she has 'rights'. And it has already been stated, she had a m-t-m, which is easier to evict if procedures are followed.

    Quote Originally Posted by fancygirl View Post
    kicking someone out legally takes a very. long. time.
    lol nope. IF contested (within 5 days) then a hearing within 20, then eviction usually within 30.

    Quote Originally Posted by fancygirl View Post
    and you already know she's going to ignore it until the cops come to haul her out.
    Nope, you don't know that. There is a saying, 'don't assume, it makes an ass out of you and me".

    Quote Originally Posted by fancygirl View Post
    Shit, can your friend just end his lease and move?
    Then it will be the owners problem. She can still be there.


    Some advice, why keep someone in your life longer than necessary. Following the legal course will keep it short.

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    Default Re: Evicting a DAB

    ............
    Last edited by malloryknox; 08-18-2009 at 11:14 AM.

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    Default Re: Evicting a DAB

    that movie came to mind,

    soooo fucked
    as damp as a cellar. . . all mildewy I'm as damp as a cellar. . . all mildewy

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    Default Re: Evicting a DAB

    If she is paying rent there is not much you can do. If she stops paying rent then you can legally evict her.

    She sounds crazy... I loathe roommates.
    you live like an ivy vine
    you can only survive by clinging onto trees
    that's your flaw
    put down some roots so you can stand on your own
    -Kenpachi



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    Default Re: Evicting a DAB

    Quote Originally Posted by glambman View Post
    More bad advice, fortunately she is not on SG for you to whine.

    how is putting "-shrug-" a whine?
    I agree that you're giving good advice, however I also had a friend who went through this with a crackhead roommate. The roommate did not go through the legal chanels-- that is why I said she is taking a chance.

    Stop trying to make this a personal thing by going on the offensive at people who suggest going through chanels that aren't 100% by the book.
    OBVIOUSLY it's better to do things by the letter of the law, but sometimes that isn't the best option.
    It's just making an ass out of you.

    Quote Originally Posted by glambman View Post

    lol nope. IF contested (within 5 days) then a hearing within 20, then eviction usually within 30.

    I wrote this because I had a neighbor who lived below me who was awful. they left their dog in their apartment for 72 hours while they went somewhere. there was no doggy door so the dog was just left to fend for itself. that's how awful these people were. They were given eviction notice and just ignored it.

    According to the apartment complex, their hands were tied for awhile and months went by. However, renter's rights differ by state, so perhaps this is true-- that even if she ignored the eviction notice you wouldn't have to wait as long.

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    Default Re: Evicting a DAB

    Quote Originally Posted by glambman View Post

    Nope, you don't know that. There is a saying, 'don't assume, it makes an ass out of you and me".
    the OP posted that problems got worse after she tried to address them. You honestly think there's a good probability this woman is going to suddenly act like a sane person when faced with an eviction notice?
    really?

    Quote Originally Posted by glambman View Post


    Then it will be the owners problem. She can still be there.

    I didn't realize that the guy in the OT was the owner. I thought he was renting. If he was renting, then he has to look out for himself. This guy's
    health is supposedly deteriorating while trying to deal with this person.

    However, he owns the place so he's stuck.

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    Default Re: Evicting a DAB

    Quote Originally Posted by fancygirl View Post
    I agree that you're giving good advice, however I also had a friend who went through this with a crackhead roommate. The roommate did not go through the legal chanels-- that is why I said she is taking a chance.

    Stop trying to make this a personal thing by going on the offensive at people who suggest going through chanels that aren't 100% by the book.
    OBVIOUSLY it's better to do things by the letter of the law, but sometimes that isn't the best option.
    From your first post in this thread, it was advice to 'use any means' to get rid of the tenant.

    Change locks, throw her stuff outside, call cops on her when she asks for them back, etc..

    Quote Originally Posted by fancygirl View Post
    I wrote this because I had a neighbor who lived below me who was awful. they left their dog in their apartment for 72 hours while they went somewhere. there was no doggy door so the dog was just left to fend for itself. that's how awful these people were.
    Next time, call animal control. They have more leeway in what they can do.

    Quote Originally Posted by fancygirl View Post
    They were given eviction notice and just ignored it.

    According to the apartment complex, their hands were tied for awhile and months went by. However, renter's rights differ by state, so perhaps this is true-- that even if she ignored the eviction notice you wouldn't have to wait as long.
    Ignoring an eviction notice is good. In Cali, they must respond within 5 days (business) or you win by default. You take your judgment (writ of possession) to the sheriff, who serve the tenant, and in Cali, they have 5 days to vacate or be removed by sheriff. Easy.

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    Default Re: Evicting a DAB

    Quote Originally Posted by fancygirl View Post
    You honestly think there's a good probability this woman is going to suddenly act like a sane person when faced with an eviction notice?


    She either contests it, or she doesn't. Sanity has nothing to do with this.

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    Default Re: Evicting a DAB

    ^as far as the animal situation, I called the cops on Sunday after dealing with 48 hours of this dog barking and whining (I only let it go on that long because I never expected people would just leave their animal in a studio apartment like that for so long.) Then, when the police officer arrived the damn animal was quiet. pissed me off sooo bad. they had to hear it too. I think after that the people were there for another month and then just moved out in the middle of the night.

    as far as the last comment about CA, then I don't know what the hell happened with my apartment complex. They served the eviction notice and then said something about renter's rights and 90 days. so perhaps the people didn't ignore it but contested it and then it was going to take that long before the complex could make the final move to get them out.

    and advice is generally given from the advisor's point of view-- knowing whatever facts she's given I would probably not follow the legal chanels as long as there's no paperwork proving that she has a Month to Month arrangement there. That's me. If the guy has the patience and ability to go through the legal chanels, then absolutely--
    letter of the law to avoid legal action on the weirdo's part.

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    Default Re: Evicting a DAB

    Quote Originally Posted by glambman View Post
    She either contests it, or she doesn't. Sanity has nothing to do with this.
    she'd have to take time out from doing laundry 24/7 when she's home, driving back and forth to work, and working.

    sanity may not be the final deciding factor, but if a person doesn't see the world in a way the majority of people do it is an influence on if she's going to act like the majority of people.

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    Default Re: Evicting a DAB

    Quote Originally Posted by fancygirl View Post
    when the police officer arrived the damn animal was quiet. pissed me off sooo bad. they had to hear it too.

    hahaha I've had similar things happen to me. When I was 19, I had an awesome Mustang. I was having carb trouble and it would shut off on me sometimes. Well, the light turn yellow and as I pushed the clutch in, I felt it stutter so I put in in 2nd and dumped the clutch. I smoked the tires all the way across the intersection. I didn't see a highway patrol come up behind me, and it started to stutter again, so I dropped it in 2nd again, and dumped the clutch. Then I heard the sirens. lol I was explaining that I wasn't trying to outrun him for sometime. But when I tried to show him, my car ran fine. ohhh, good times.


    Quote Originally Posted by fancygirl View Post
    and advice is generally given from the advisor's point of view-- knowing whatever facts she's given I would probably not follow the legal chanels as long as there's no paperwork proving that she has a Month to Month arrangement there. That's me. If the guy has the patience and ability to go through the legal chanels, then absolutely--
    letter of the law to avoid legal action on the weirdo's part.

    I understand that, but it doesn't always mean it's good advice, or should even be followed. I've done things 'by other means', but it's the last thing I would recommend, for many reasons.

    You don't need a signed lease to be a lessee, or to be granted 'tenant rights'..

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