In California, if a tenant (has a lawful right to be there) allows someone (becomes a squatter) to stay on a piece of property and then the original tenant moves out a few days later with the someone staying behind, would the squatter need to be formally evicted or is it considered trespass? If the someone moved in with property and moved out but left the property would the property have to be maintained by the property owner as if the someone (squatter) were a tenant to be evicted?
Is there a reference that can be cited?
2007-01-04 09:57:54 · 7 answers · asked by puckhawg31 1 in Business & Finance ➔ Renting & Real Estate
Tough question, check with your local / county Metro Housing Authority. They usually can offer free legal advice. Personally, sounds like a trespasser to me. They signed no legal document to live there with you, so you should be able to have them arrested.
Link is example, not sure where you live....
2007-01-04 10:03:38 · answer #1 · answered by Bob 3 · 0⤊ 0⤋
The someone new is not a squatter. You may not assume circumstances under which this someone moved in. The new tenant (not squatter) must be formally evicted. A squatter is considered to be a person who moves into an abandoned or empty shelter. An invited guest does not fit that criteria.
The landlord must store the possessions of the original tenant in a safe and secure location (not in his garage or his son's closet) such as a fee for storage unit, for six months following the completion of the eviction process, which culminates in the Sheriff and the landlord or his agent meeting at the property to remove the possessions and change the locks (by court order).
Contact an attorney. There are a lot of twists that this process may take you through and any one of them could make you start all over or you may make any number of errors that would require you wait 6 months before even attempting another eviction.
2007-01-04 10:18:38 · answer #2 · answered by Liligirl 6 · 1⤊ 0⤋
Yes you can be evicted, the original person broke the lease by moving out and not releasing the unit. If he takes the time to look at his rental agreement he will see were it states that a renter can not sublet the unit.
A person can move out and let their friend move into the same unit. The new person would have to fill out a rental application, pay for a credit check, get approved just like the original renter. If the friend does not qualify, when he would have to move out of the unit.
I have encounter incidents where a boyfriend/girlfriend moved in together. One moves and leaves the other person holding the bag. The remaining person moves a friend in to help with the rent. The new friend does not pay his half, so the original person just moves out. He is liable for the rent although he no longer lives at that address.
An evict notice is issued to the two original tenants because the original person never had his name removed from the rental agreement. You are consider as a trespasser and you can be arrested.
When you do something that is not right, you suffer the consequence.
2007-01-04 11:57:15 · answer #3 · answered by D S 4 · 0⤊ 0⤋
This depends on how long the non-tenant has been there. It is likely that anyone living in the property has to be on the lease, so if you know someone is living there who is NOT on the lease, you can call the cops for trespassing. HOWEVER, depending on how long they are or have been there, they take on certain squatters' rights and you have to follow other procedures.
This is also likely considered a breach of contract by the tenant, so you can cancel their lease for that reason.
2007-01-04 10:04:18 · answer #4 · answered by Phoenix, Wise Guru 7 · 1⤊ 0⤋
More than likely if the original tenant moves out, a lot of tenants tend to sublet their apts w/out breaking their lease. It's more costly for the original tenant to end their lease and for the "squatter" to sign up a new lease. The only negative thing about this is that, since the "squatter's" name is not on the lease, they will eventually have to put their name on the lease, especially if you're 18+. A friend of mine who lives in San Francisco, sublet her room to someone because she moved to New York and didn't want to pay an early termination fee. Fortunately her original roommate was still living there.
2007-01-04 10:11:04 · answer #5 · answered by girl6250 2 · 0⤊ 1⤋
No not by regulation you may't because the different tenant technically by leasing the position of abode owns it for the era paid for. extra any clause prohibiting the evicted tenant from travelling yet another renter might want to be considered unlawful and actionable. you're literally not even allowed to search for suggestion from with or question the evicted tenant till suggested human being is thinking criminal pastime alongside with vandalizing or stealing from the premesiss or perhaps then you truthfully are really approved to the contact the police. Be very careful in case you communicate to both of them because it would want to extremely be misinterpreted as harassment
2016-12-01 20:16:34 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Proceed carefully as you must follow the letter of the law perfectly or set yourself up for legal action against you.
http://www.dca.ca.gov/legal/landlordbook/
The above link is directly to the California state website on landlord tenant law. You may also want to check into the laws of your county, your counties website should have this information as well.
2007-01-04 10:39:37 · answer #7 · answered by Wicked Good 6 · 0⤊ 0⤋