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| *Ostroff, Fair and Company>>>Renting & Real Estate |
What is the easiest way to evict someone? |
a man living in my grandmas house befor she pased away had no renters agrement. when she pased and left me and my 2 sisters the house i had him sing a monthly rental agreement with me i have the will but havent placed my self on tittle yet he stoped paying about a year ago saying he did not have to pay me because im not on tittle as owner yet.he has ran the water bill up to 1.600 dollars .i found this out yesterday and told dwp to please just shut it off. then e mailed building and saftey and reported a bunch of problems with the property. i dont know what els i can do from so far away the house is in califorina and im in knoxville tn. DBD, you really let this one slip by you. You're not responsible for your Granny's mistakes, but it is right of you to clean them up for her since her passing. The squatter is merely that, squatting! You owe him nothing and it you have legal title, get it recorded and file an Unlawful Detainer Action against the tenant for no-payment of rents & leave the utilities out of it for the moment. There are federal laws about shutting off water to tenants, but since he is the only one residing there, he can gain service again by just calling and paying up the arrearages b4 they will turn it back on again. Additionally, file for the eviction under the right of possession and you just want the property without stating claims. If he files a counter-claim, then bring up the water & other billings, rents in arrears and maintenance etc. Get a lot of photos and proof that you will need to go to Court with the get the tenant out and gone. If he's truly a squatter and wants to stay, he will pay up the water & rents etc and make a stand. You need only go along with his program for a short while until the dust settles and then file for possession again. The fileing fee in Napa, Calif is $80 bucks. There are also those that attend to evictions for non-residents, called paralegals & evictors that can do this also for a small fee. When I'm not in state, I have my attornies paralegal handel all my evictions properly. Source(s): LL & owner Without knowing more about the contents of the rental agreement it is difficult to determine who the contract is between and whether or not you personally are entitled to do anything about it. One thing I would be careful of is shutting of things like the water with a tenant still living there. They do still have rights, even if they don't pay and if you cause any danger to them for shutting off water or electricity, you may be sued. You need to go to Knoxville yourself as soon as possible to take care of you business, you should also get in touch with rent court and see what they can do to help. I personally would contact legal aid in this matter. I would also serve him with a 30 day eviction notice . In California, you do not have to give a reason for eviction. I have the # of a man who will serve him the papers, however, I am in the San Juaquin Valley and don't know where this property is. From there, a court date is set if he has not moved in the 30 days and then a police escorted lockout is performed. IM me if you want Tom's # You definitely need an attorney!! Get one in the state that the house is in so they will be familiar with the eviction laws. This guy sounds like a real creep. |
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