Reply With Quotedude.. Just go there.. tell him your staying for the weekend.. and change the locks..
I have a question on an eviction and what procedures need to be done.
Basically a person is staying in a house without permission of the owner. Unfortunately the owner is in Hospice and will not make it much longer. The owner gave the person in question a key for maintenance on the facility and the person has moved in without the owner's concent. The key was because the owner lives in Redondo Beach and Parker is a long way to have to drive to let a plumer, painter, etc into the house. He was never ever told that he could stay in the house. With the owner in his final days, the person that has power of attorney over the estate and person wants the person living there out and the locks changed. Last time I talked to the owner he said that the person was not staying there, just there to let a contractor in. The problem is that there are a lot of assets in the house and we are afraid that this person would start to steel them if we can not get him out quick and before he finds out that the owner is dying. After that, we will not know what was there and what was not. The person that we think is living there is a low life scum bag.
Since the guy was not ever given formal permission to be in the house, can we simply go in and kick him out and say that if he comes back he will be tresspassing or do we have to go through a huge formal eviction and give him time to line his pockets with things that are not his?
Additionally, we are not 100% positive that he is living there, but we are confident. He has a place in town, but it is not water front and furnished nicely so we think that he is staying there full time. If he is not there, can we simply change the locks and alarm codes so he can not get back into the house?
dude.. Just go there.. tell him your staying for the weekend.. and change the locks..
NOW that you have some good advice:
get a couple of the biggest HB people here and go pay him a special visit at 2am lettign him know that for safety reasons he should probably leave
QUICKLY
Does he know you want him out?
If not, I would draw him out with a ruse and then have the locks changed. Or maybe even stake the place out with a couple spare locks, wait for him to leave and then change the locks. I would also notify the police, at the time you start changing the locks, should he return in the middle. Do not use the word eviction. You are not evicting him. A couple people have keys to my place at the river, they do not have my permission to move in and set up house.
he told us he's not living there.. it just a get away for him.. so he can do his laundry and watch tv..run the AC.. and so on.. so.. If you show up to stay for the weekend.. He'll just go home.. Unless things have changes since the last time we were there..
dont say anything other then .. we are here for the weekend.. You need to get that changed out.. and drill the garage shut from the inside.. or make sure it secure.. change the alarm code.. and be done with it..
Has he changed his tune since the last time you talked to him?.. and..
what about the stuff in the yard?
All good ideas!!!
Tell him theres a party at RD's saturday and we will sneak over and change the locks.
If that dosen't work tell RD he could always stab the guy with one of his skinny arms! :boxingguy
NOW that you have some good advice:
get a couple of the biggest HB people here and go pay him a special visit at 2am lettign him know that for safety reasons he should probably leave
QUICKLY
What he said!
The problem that I have is that I was told that if I go in there and kick him out, he can come back to me legally and sue me and the owner's estate for eviction. I was told that it was not like the state of California. I know that he is going to say that the owner give him permission to stay there and with the owner being delusional, we can not confirm that he did or did not giver permission to stay. The owner has told me that he was never given permission to stay, but if the guys says he was it will be our word against his and the owner is not capable to testify that he did not give permission.
I just want to cover myself so I do not end up in a lawsuit or a confrontation and get the poice involved. I just want to explore my options to get him out of there quickly and easily.
It's not Tim the Sandbar Beer Beggar is it?
No
Arizona law is much more black and white then CA law. I bet if you called the cops out they'd kick him out for you. Shiat in Arizona your aloud to shoot people for that..
I talked to a LEO officer about this and he said that if the guy had permission to stay from ANYONE for even one night, we must file formal eviction papers. This is kind of why I am asking.
I am sure that the guys tune will change from staying there to watch TV, do laundry, etc... when we tell him to get out and not come back & if he does, we will prosecute for tresspassing. He is already pissed at the owner and I can see him doing something shitty.
BadBlown,
Talked with a lawyer friend of mine. His take on your situation was there is no legal contract. The owner can go in change the locks etc. with no recourse from the occupant. As suggested earlier I think I would move fast if I were you.
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