Eviction

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Eviction (by Leon [CA]) Apr 8, 2024 10:13 PM
       (by Robert J [CA]) Apr 8, 2024 10:36 PM
       (by ken [NY]) Apr 8, 2024 10:41 PM
       (by RB [TN]) Apr 8, 2024 10:50 PM
       (by Vee [OH]) Apr 9, 2024 8:25 AM
       (by DJ [VA]) Apr 9, 2024 9:11 AM
       (by Still Learning [NH]) Apr 9, 2024 2:16 PM
       (by jonny [NY]) Apr 9, 2024 3:30 PM
       (by Leon [CA]) Apr 9, 2024 4:27 PM
       (by DJ [VA]) Apr 9, 2024 7:34 PM
       (by Ray-N-Pa [PA]) Apr 10, 2024 11:39 AM
       (by Phil [OR]) Apr 10, 2024 2:41 PM

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Eviction (by Leon [CA]) Apr 8, 2024 10:13 PM
Message:

Here is my situation. I have a section 8 tenant that came with a care giver. The caregiver is not a tenant but stays because the tenant needs him for emotional support and handle his finance etc. The care giver has been becoming more aggressive as time pass and refuses everything asked of them.

Below are a list of issues

Smoking in house and smoking outside and cigarette butter everywhere. No smoking policy.

Hoarding and unkempt household.

Stop paying utilities and borrowing power from next door neighbors by daisy chaining extension cords.

Removed all smoke and Co detectors in the house.

Brought bed bugs into home 4 separate timed. Each time heat treatment and all clear.

Recent inspection has bed bugs again. Care giver refusing entry to premise of landlord and pest exterminators.

Does not want to pay for immediate damages to premis.

I recently issued 60 days to vacate, but did not write care give name only the tenant name. The care giver stop paying rent and leaving trash everywhere outside the premise on purpose.

Should I wait the 60 days to allow them to vacate and hope they move out or serve 3 day or quite then evict and spend more money in the court early on?

Also case manager do not care. They just reply they are adults and we can not say anything to them. Just serve your notice.

--166.205.xxx.xx




Eviction (by Robert J [CA]) Apr 8, 2024 10:36 PM
Message:

In West Hollywood I has the same situation, a Section 8 tenant with a caregiver. Section 8 did not care but threatened me to stop payment if I cause a problem. So I reported this unit to the County Health Department, Housing, Section 8 and the City of West Hollywood with a copy sent to the courts in Beverly Hills.

Section 8 sent a clean up crew before anyone did an inspection. However, I had the Fire Department do a welfare check on this tenant when the unit had Mold, Spoiled food in the refrigerator, dirty posts in the kitchen sink, toilets not cleaned with carp on the side of the seats and all trash baskets were full with trash.

Section 8 went to court and told the Judge that I made up the whole story about an issue with the unit and I just wanted to evict this tenant and rent to a higher paying non section 8 tenant. I had the Fire Inspector come to court and give his report. Section 8 said he was a liar. The fireman's farther, the judge. I won and section 8 had to pay a fine and cover my losses until I evicted this tenant. One of a kind ending. --47.155.xx.x




Eviction (by ken [NY]) Apr 8, 2024 10:41 PM
Message:

i would start the eviction for non payment right away --74.77.xx.xx




Eviction (by RB [TN]) Apr 8, 2024 10:50 PM
Message:

Well there's a real head banger. --69.130.xxx.xxx




Eviction (by Vee [OH]) Apr 9, 2024 8:25 AM
Message:

Time for eviction, you like many have ignored the -breath easy- sno smoking policy which came from HUD in 2009, take a photo to your HUD ofice for proof, they should continue to pay rent until moveout has been completed, HUD has intrnal fact finding hearings you should attend and get a transcription for further eviction court - a lot of clients commit perjury on themselves having testified in these hearings prior to county court. --184.59.xxx.xx




Eviction (by DJ [VA]) Apr 9, 2024 9:11 AM
Message:

It sounds like these problems have existed for a while.

How long since the first breach of the rental agreement?

You should have served notice to cure as soon as you were aware of the very first breach. So, YES - start the eviction process NOW.

Do not "hope" they will move. Have you been "hoping" all these other problems would disappear? They will not.

Even the case manager told you to serve your notice - so do it already.

In CA, even if you are an expert, the laws can get in your way. I think you NEED to hire the best, pit-bull eviction attorney to handle this. You do not know how/when to give notices so certainly not how to make the system work. You MUST get help - GOOD help - and learn all you can from the experience.

You do have a record of all the infractions and communications to give them, right?

On another note:

Does the "caregiver" have another place he/she calls home - or do they actually live with the tenant? As in are they employed to provide care & go home after their shift, or is it a friend/relative who actually lives there? If the latter, they should have been made a tenant jointly responsible for everything (I know - hindsight is always 20/20. But for the future...)That implies that the "caregiver" would have been fully screened & most likely failed to be allowed to move in.

Since they are not "responsible" for anything, they could not care less about doing what is right. Clearly they have other issues, but this point makes it impossible for you to influence them - no consequences.

Even if they are hired as full-time, live-in, I would do my best to notify the agency that sent them.

Call the elder abuse people/agency for the aging - or whoever it is in your area that is supposed to help. Then again, you didn't give the age of the tenant - if they are younger, these folks won't help - so find another agency.

NOTE: I would do this in addition to getting the eviction started - do not delay that. --68.229.xxx.xxx




Eviction (by Still Learning [NH]) Apr 9, 2024 2:16 PM
Message:

Hopefully the paperwork was filed with et al or and all other persons or however CA requires so that ALL people are evicted whether listed on lease or not. If you didnít do that, call a lawyer and get help. --73.159.xxx.xx




Eviction (by jonny [NY]) Apr 9, 2024 3:30 PM
Message:

Is the caregiver a relative? Many here are (they get paid by the county or whatever program to "care" for them). If not, then they are most likely getting paid by the county (or again, some program). If you know who is paying them... I'd report them for sure.

I hope it's just a bad person giving that "care" and they just move on. What I'm thinking is that they are stealing from the person they are caring for. Usually there is someone that watches over the caregiver (the program that pays them, etc) but I think it's going to matter WHO they are to the person that they are caring for (but I'm not sure).

I don't know the rules for CA but you may want to find out quite quickly on if you need to add the caregivers information on that as well. Do they actually RESIDE there or are they just "there" a lot? If they have another residence and they are just at this property 3 or 4 days a week then they don't really reside there. It would be like people that work for programs that they are looking for a residential manager or something and they would have a room (bed, bathroom, etc) for when they are there but they actually do not live there. --69.201.xx.xxx




Eviction (by Leon [CA]) Apr 9, 2024 4:27 PM
Message:

Thanks for the info guys.

The care giver at the time showed actual income of 5000k. Pension plus money from the state as an in hone health support provider.

This is how they qualified for rental.

After 1 years the case manager said the care giver is not considered a tenant and will not contribute towards damages or rent.

Then pandemic hit and I was stuck with them. I was unable to let them go.

And after pandemic I got cancer and they took full blown advantage, as no one managed them when I was sick. Just recently I was able to come out and do an inspection.

Then the caregiver got all nasty with me after I served papers to fix or quite, then served a 60 day notice. CA, I was told to try and save yourself the trouble and do 60 day to vacate and then evict if they do not leave as it is a sure thing to win.

The care giver turns out to be the tenants emotional support person, ie gay lover. When I asked the case manager for documents to show me if he has power attorney etc, the case manager says that's hippa and private information. I was like I do not understand, because caregiver says tenant can not make any decision and all paper work needs to written to care giver to direct to tenant.

So end all with lease violations, caregiver being very aggressive with me, not allowing me or exterminator into premise, and with holding payment I had to serve the 60 days.

I have never had a tenant tell me get the money from care giver and then when asked the caregiver for the money tell me that the tenant has the money. It goes back and forth. I even tell the care giver you always deal with the money and you controll all of tenants assest. They just playing stupid games and is annoyed.

Recently the car giver out of spite is throwing all his trash and furniture outside his home. He says do not touch my belongings as I'm just preparing to move out. Legally I can not touch his stuff. It looks like a hoarding house outside.

Anyone know who I can talk to to get the place inspected to be qualified as uninhabitable so they have to leave asap. They have no electricity because they do not pay thier electricity bill, they removed smoke detectors, they have bed bug infestation, and they are unclean. --166.205.xxx.xx




Eviction (by DJ [VA]) Apr 9, 2024 7:34 PM
Message:

Wait.

"They" qualified for the rental, based on the "caregiver's" income?

And he is not on the lease as a tenant?

Wow. Just wow!

Good luck getting them out.

If you want to still manage this property as a rental after they are finally gone, PLEASE help yourself and learn more about how to do that better. You can start by searching this forum for topics on screening. --68.229.xxx.xxx




Eviction (by Ray-N-Pa [PA]) Apr 10, 2024 11:39 AM
Message:

DJ is on to some thing. Prior to that, what I heard was a tenants guest is violating the lease. As for the bed bugs, this could be the same infestation --24.101.xxx.xxx




Eviction (by Phil [OR]) Apr 10, 2024 2:41 PM
Message:

You need to give written notice to the tenant about violations, with a time frame to correct. Send copy to housing. If not corrected, send eviction notice, with copy to housing.

Housing MUST receive copies of all notices etc.

In Oregon, housing now pays for repairs etc if caused within the first (2?) years of move in. Smoking? VERY expensive to remediate.... Make it their problem --76.138.xxx.xxx



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