Never my tenant

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BetterLandlady

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Good Morning,
I legally evicted my tenant in a lengthy holdover case and now after signing a stipulation agreement she went back to court and got an order to show cause stating that her companion (who was never on the lease) is mental. Now we have to go back to court but I'm not sure why, her companion was never my tenant. What is that? and can she actually get more time? She has been living in the apartment for 10 (ten) months rent free. I am at my wits end. :confused:
 
Sorry; haven't a clue as to why this is...except that is certainly sounds as if your tenant is a "professional deadbeat tenant" and knows how to drag this business out for a long time, leaving her to live in your place rent free.

Gail
 
Thank you Gail,
You absolutely got it. Thing is I got them from a Homeless program wanting to be of service. But really is this anything more than a delay tactic or can it actually hold up in court. They went to a lawyer and have sent med reports etc. It's so crazy. The companion was never my tenant, never got permission to be there. and one more thing this is after we signed a final stipulation.
 
On the lease or not... if her "companion" has been there for awhile and established herself as a resident, then she has to be evicted just the same.
When you go to court again just argue the issue as best you can- the other person is in there in violation of the lease. The tenant has had ten months to make arrangements for the companion who, if "mental", may not be able to do so alone.
You might also be able to utilize adult protective services.... if you have a mentally ill person in the residence who is dependent upon someone that is being evicted and is unable to adequately care for the mentally ill person, then they may take the mentally ill person to an appropriate facility... leaving tenant all alone with no defense. They also might be able to determine if the companion is actually mentally ill or if its just a ruse.
 
Thank you Mighty Moose,
I was thinking the same thing in my rage, " if she is so mental then she should'nt be in the home. As for establishing herself, do you mean with bills in her name or something? and if she does have them, can i use her evidence to nail her for violation of the lease since i never gave permission. and what of the money? because we signed the stip I waived rights to the back rent but since she violated the stip can i now ask for it again?

Do I ask the judge for adult protective services or do i contact them myself regarding the companion, ie. make a complaint? Most important, does this mean that I have to begin this holdover again?
 
Cal APS yourself... just complain that a tenant is being evicted and is unable to care for the other mentally ill occupant. They will check it out.
Your tenant's argument is self-destructive, proving by herself that another occupant is in the residence in violation of the lease.
Nothing has to be in the person's name to establish residence... it is just the fact that the person is there and has remained there with intent to stay.

I think you can make a good argument... but I'm not a judge :p
 
yes, will do. It would all be comical except that it's happening to me. I read over the doctor's report and basically the woman is tense and depressed because she's being evicted but nothing major or even minor for that matter and I'm tense as well so....
but I am grateful for the direction, Thank you. Court is Wednesday I will keep you posted.
 
Dress nice, say "yes sir/ma'am", and don't argue with the tenants. Speak only to the judge. Take notes when the tenant is speaking so that you can counter the necessary points when it is your turn and not miss anything. If you haven't requested the tenant pay your legal costs, make sure you ask the judge to include them at then end... never hurts to ask.
 
Finally an update.
Prior to court I did call APS who already knew of the woman and the case and had given me her case workers contact info. Upon arrival at court I was greeted by the APS agent who politely informed me that I "might as well just go along with whatever he says because it didn't matter whether or not she was a tenant all of that will have to be investigated and it wouldn't be any time soon" Wow I thought, then a few minutes later a court appointed atty appeared and pretty much told me the same thing and I asked him why is that if we had already signed a stipulation. He nor the APS agent were aware of this nor of the fact that this had been going on for close to a year. He asked to see the Stip after which he told me that he wasn't going to say too much and that he would allow me to speak to the judge and not ask for an adjornment. There is a God. The judge read the papers and asked me if I knew the person in question and was she ever my tenant. I told her no and that in fact I didn't know she was there until 2 weeks prior when I received the new court papers and one and half months after she (my original tenant) was suppose to have vacated. The judge said that she could not sign because the person was never a party to the case and did not appear until 2 1/2 months after the stipulation and warrant had been signed and signed a new order and warrant. So, now I still await the actual eviction, because of the holidays, but just wanted to update all who gave me advise. Thank You!
 
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