My question involves an eviction in the state of: California
...very very long story here but i'll let replies ask me for more details if needed.
Yes, i Messed up royally here. Only had oral Month-to-Month rental agreements with two different tenants in the same 4 bedroom house. i know never to do oral agreements again. Good relationship with them for 2yrs then they got really hurt when i asked them to leave because they repeatedly wouldn't come to a mediation to solve a problem we kept having.
Evicted the 1st Tenant (T#1) with...60days notice, Forceable Detainer, trial, i won.
2nd Tenant (T#2) is keeping first tenant around as a "Guest". T#2 has been properly served 60days notice. T#2 has also been served 3day Notice to Perform Covenant or Quit: illegal subtenant T#1.
The problem is that i cannot prove that T#1 is actually staying there overnight (i.e. living there). He has three vehicles still at the house so it's hard to say which one he's using. There's also two garages which he can hide his vehicle in.
As well the property is very rural so if i approach the house at all to observe if T#1 is there late at night or early in the morning i am immediately verbally harassed by T#2 demanding that i serve 24hr notice to even be in the driveway.
I also live on the same parcel but at a different address but there is no clear boundary between the houses.
I did properly serve 24hr Notice to Enter to T#2 to review the house's empty rooms for damage since T#1 was evicted and to ready them for other tenants. the 24hr Notice was for between 9-5 for Tue, Wed, Thrs. When i approached today (Wed) i was so adamantly, and loudly, denied entry that i thought that if i entered at that moment "without verbal permission" they would sue me. Which i think they might be planning on doing due to code violations!
So my questions are:
Can i just enter if i've served 24hr Notice to Enter?
But should i enter if i'm afraid of being sued? (i could just wait it out).
T#2 is "claiming the whole house" even though the verbal agreement was just for one room and emails state it as such. Can he just do this?
How can i instate a guest policy if we never had one? what is the default for california?
More so how can i get T#1 off the property?
I'm very afraid of being accused of "Harassment" and of being sued. So what can i legally do to protect my property and get these toxic tenants outta here?
P.S. The worst part is that i think T#2 has other guests that may be turning into "squatters"; altho the 60day notice to T#2 does include all John & Jane Does, et cetera…at that address.