Being forced to leave

Status
Not open for further replies.
J

jvillan4561

New Member
I rented a room through a friend who is the son of the house owner and was at that time taking care of the house. Though everything was verbal I took the room for $200.00 dollars a month. I was also asked if I could have the water put under my name since water services stopped because of non payment of a previous tenant. With this, I only have the water bill showing that I am a resident of this house. Is this enough proof, since the house is now in short sale and I am being forced to move out with only days notice. Do I have any rights to stay? Should I just leave? Is there due process of eviction that they need to go to? The realtor agent had already called the cops and told us to leave or vacate the premises. Can I do something? Can someone please give me an advise since my last day here is suppose to be on Tuesday 9/7/10. Thank you.
 
jvillan4561 said:
I rented a room through a friend who is the son of the house owner and was at that time taking care of the house. Though everything was verbal I took the room for $200.00 dollars a month. I was also asked if I could have the water put under my name since water services stopped because of non payment of a previous tenant. With this, I only have the water bill showing that I am a resident of this house. Is this enough proof, since the house is now in short sale and I am being forced to move out with only days notice. Do I have any rights to stay? Should I just leave? Is there due process of eviction that they need to go to? The realtor agent had already called the cops and told us to leave or vacate the premises. Can I do something? Can someone please give me an advise since my last day here is suppose to be on Tuesday 9/7/10. Thank you.
Click to expand...


Yes, if you refuse to leave, you will have to be evicted.
Only a judge can ORDER you evicted.
If you don't want to leave, tell the realtor that you're a legal tenant and will not be leaving.

They will then have to serve you a notice to vacate.
You will not leave.
Then they will have to go to court and bring an eviction action.

Once you refuse to leave they will offer you some money to leave.
They may offer you $500.
If that isn't enough, tell them you MIGHT leave for $1,000, they pay your moving expenses, and give you money for your deposit and first month's rent.
Then you negotiate.
If it still isn't enough, just say no thanks.

The entire eviction process, if taken all the way, will take 6-10 weeks.
Make sure you go to court, once you are served legal documents by the deputy or constable.

In the interim, you should be able to stay without repercussions until you are evicted by the judge.
In fact, the judge might not evict you.
 
Thank you

So bottom line my name on the water bill could serve as proof of legal residency regardless of what the realtor say. By the way they were saying that no one was suppose to be living in the house and that the house went on short sale. The realtor even brought the cops to forcefully vacate us. It seem like they will be back on Tuesday to coerced us to leave. Anyway thank you very much for your input. Anymore will be much appraciated. With sincerity, thank you.
 
Without a court ordered eviction not even the police can make you leave. That would be illegal, even if you were a squatter. The police will only make sure things stay peaceful. If they show back up with police, tell them that you are a legal tenant and have not been evicted.
 
In CA the landlord/owner must give you a 30 day notice to vacate if you have lived in dwelling less than a year 60 day notice to vacate if over one year. They cannot file and evictionm paperwork until you have been givensaid notice and that time period has expired. Now you might talk to them about a "cash for keys" deal wher they pay you a sum of money (one to two months rent maybe include deposit) in exchange that you vacate permises with shorter period of time.
 
Just because you have no signed lease doesn't mean you aren't a legal tenant. State statutes speak for you if you have no written lease.

The law allows no oral agreements where property is concerned. That is because of the statute of frauds. So, state statute takes over and protects landlords and tenants who have no written lease. Your rights are the same as someone with a written lease.

You can't be physically removed. You must be given written notice to leave. You can refuse. Then a judge will decide. You only have to tell this real estate agent you aren't leaving. You're protected by state statute and safe in your legal tenancy. You are not a squatter. But, even if you were, your property rights would be the same. Only a judge can order you to leave. That can only be done after a hearing.

One word of caution. You better have ALL the rent to give to the new landlord when you get to court, if you wanna stay in that house. If not, the judge will order you out.
 
If you are forced out without eviction, or if services are cut, or if locks are changed, you can sue the real estate agent for an unlawful eviction and likely score a nice prize. Sometimes these things happen and people just don't want to go through the hassle of court to stand up for themselves, and they are counting on you just giving in.

Don't worry about the police. In fact, if they show up, you can utilize the police to insist that the real estate agent leave the property. Stand your ground.

At the same time... don't take too long to be shopping for a new place... because at some point you WILL be moving. The cash for keys offer as suggested is a great opportunity... they will likely pay you to get out quick.
 
Got forcefully thrown out

While I was gone the sheriff came to the house and unlocked our room and placed all our belonging outside. I believe that the sheriff had taken the side of the realtor as she told them that the house were suppose to be empty and that we were just tresspassers. When I got home I saw all my belonigngs on the sidewalk. Matter of fact I had lost some of them as well. Without any written notice whatsoever I was thrown out along with my wife and now have no place. I am in California , does anyone or could anyone be able to please assist me or refer me to someone who can help me. With much sincerity, thank you.
 
Sir,

I have already been thrown out of the house. I was noit allowed to go back in anymore which ios why I am now homeless. Adding insult to injury I lost a lot of my belongings.
 
What insult .and its Mam! It appears you and your belongings were removed unlawfully. Go to a freind or relative use their yellow pages and start calling Attorneys. If what you said is all true you have a very good case!
 
Also contact or go to local Police explain you were a legal tenant and the Police had no righ tot remove your belongings without court order
 
Yes, contact the sheriff department and find out why you were evicted without a judge's order.
If you handle this well you will be able to claim damages from the county as well as the real estate agency. This is a major no-no.... assuming you have provided all the information. If you failed to show for a court hearing then you may have been lawfully evicted and just don't know it.
Talk to an attorney immediately.
 
You were given permission to stay by someone that was NOT a tenant or the owner? In other words, a guest or a caretaker gave you permission to stay? If so, you may NOT have rights of a tenant as you were allowed to stay by someone that may have had no more right to give such permission than I would.

How long were you staying there?

I am wondering what the sheriff's office was told about the situation? The story they have may be quite different than the one you have provided here. You may have to consult an attorney to see about suing the landlord ... but, you might also ant to confirm that you had a legally enforceable contract with someone who had a legal right to rent you a room on the property.

And of the property is within the jurisdiction of a municipal police department, then if the sheriff kicked you out, I suspect that a court order IS in place allowing them to do so.

So, time to talk to some attorneys, but don't get your hopes up too high ... there may be more here than meets the eye.
 
Status
Not open for further replies.

Share this page

Get a free case review from a lawyer
Back
Top