mean tenant refuses to pay rent/move out

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jasond415

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My jurisdiction is: california

i have placed a thread on here before,i have had an ongoing problem with my sisters friend that has been sleeping in my living room for 2 1/2 years,she has never signed a rental agreement and i have found out that she was supposed to be paying my sister the rent but has not for a long time,she starts arguments and threatens every guest that comes over,monopolizes the living room and recently assaulted me by using her weight to bump me when i told her to calm down or leave my house,i had to call the police they told me that they could not have her leave since she has residency which i dont understand if she didn't sign a rental agreement,i have now filed for a restraining order and have a court date on the 6th of may,here is the part i am not sure about and need some advise,i have a older brother and younger sister my brother is the executor of both houses and has informed me that he is going to screw me out of my share of the assets (2 houses cars ect.) which i don't think he can do,here are my questions.

1-do i have the legal right to evict this girl even if i am not an executor.

2-what is my best way legally to solve these problems.

i am having major problems right now with this girl,my brother and my sister and her boyfriend,my sister and her boyfriend do not have jobs and i have seen him sell drugs from my house and i am afraid that i could loose my house because of it,we got into an argument because i found out that he has been manipulating my sister and brother against me and told him that he needs to move out,the argument got pretty heated and he drove to his brothers house who then called me and threatened my life saying "i didn't get an attempted murder case for nothing" i have found a pocket knife in the bathroom (blade out)that my sisters boyfriend had taken out of our safe while him and my brother were organizing it,my father was a gun collector and it makes me really nervous to the point that i cant sleep when i am at my house for fear that he has taken a gun.it has gotten really bad for me in this house and i am staying at friends houses to avoid further problems any help would be greatly appreciated i don't know exactly what to do about these problems.
 
my sister is in the same position. she was given a house in a will. there were people living there already. She gave them until the end of the month which is today. They arent leaving so she is giving a notice. In colorado, three days is sufficient notice. She is changing the locks and giving them until monday. They will only be allowed to gather items, when my sister is there because who knows what they might do or take. After that she has every reight to call the police and have them escorted away. Because your situation got physical, and the restraining order is in place, she must keep in line, but I believe that if the order demands a certain distance between you, she does have time to get out but must do it immediately. Im not a lawyer yet, but i do believe that is right. Dont just take my word on it. Also even though she doesnt pay rent, after that ammount of time, she has established residency there. I dont know if your brother can get your name off the assets though. I dont think so. hers wasnt and she assaulted you and thats a clear reason for your actions....
 
better news

i went through with the restraining order and my date is on the 6th of may,the girl has decided to move out but continues to cause problems in the house (disconnecting the phone line and taking the phone receiver)the thing is that i am pretty sure my sister is in on it with her and i had to call the police a couple of days ago about this phone problem,they sent out a corporal and he stated to me that there is nothing they could do about this because i didnt see her do it,my sister has a blazer that has been sitting on the lawn for around 2 years and her boyfriends car has been sitting on the street in front of the house for 2 or more yearsand the officer told me that the cars have to be moved onto the driveway or they will be towed,i live there with my older brother,younger sister her boyfriend and her friend (the girl) and they are all against me at this time which makes it really difficult to stay in my house,i was told by my brother that the girl is supposed to be moving out this weekend and i have asked my local pd to have a officer come out and do a civil standby,i also plan on filing a lawsuit against her for the back rent owed which would be close to $8,000,but the thing i am not sure is that since my brother is executor do i have the legal right to do this,i spoke with a lawyer and most of the questions i asked him came back with the answer "my brother is executor so it is his decision" any more help will be greatly appreciated,and i hope your sisters situation clears up with no problems.
 
I'm confused. Since your brother is executor of this house, why do you keep saying it's "your" house? It sounds as if this is the problem; when you want something done legally in terms of evicting this person/suing for back rent you have no legal standing to do so because it isn't (at least in the eyes of the court) your property.

Gail
 
your right in a legal view that the house is not mine,my parents passed away and setup no will,before my mom passed she was in the process of placing my older brother as executor which now is a really bad idea,i have spoken with both my parents lawyers and had found out that my brother stole 30k from my sisters trust fund,the house that we are living in has been in default numerous times and is currently in disrepair,i believe that he has been misappropriating funds because every time i ask about the stock money account or the mortgage balance he says don't worry about it and has been very secretive about the finance's,and like i said in the other post my brother told me that he plans on screwing me out of my share of the house's and assets,i now plan on taking him to court for power of executor ship,i have always been a fair person and if it means going through a long legal battle to protect my interest's and the interests of my little sister even tho our relationship is non-existent i am going to have to go through with it,i am on here to get advise and see what would be my best chance of solving this problem,oh yeah and the girl after cutting the phone line that i just had installed moved out Saturday so that is one block of stress removed from my shoulders
 
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question

i have a question about a restraining order matter,i had a court date today at 9am put since i had so many things to do i was 15 mins late and the judge dissmissed the case,i went to the clerks office and he told me that i would have to do the whole process over,the question is how would i go about finding the tenants new address,before she moved out that day she turned to me and said "i'll be back" and i dont know if this was meant to be a threat or just something to get me upset,i can just pay the sherriffs office or server company to serve these papers and make sure that she wont bother me anymore
 
how would i go about finding the tenants new address? i tried looking online but some of the websites want $50 or more for the info,and what does an (RO)mean? request for order? sorry but im new to this tenant/landlord but i would like to learn more,and i have decided to go ahead and obtain the executor ship from my brother because of what he said in our last conversation and is there a thread for advise on restraining orders?
 
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Forget attempting to get a restraining order (RO) on this person. Telling someone "I'll be back" when they're a friend of your sister is hardly evidence that they're a physical risk to you.

Gail
 
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