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  1. #1
    Join Date
    Mar 2009
    Posts
    7

    Default Possible California Eviction

    State: California

    My landlord has threatened my roommate (which is on the lease) and myself for eviction. His reason is, that we are subletting our apartment it is a 2 bed room 1 bath apartment. During the day my roommate has a babysitter come over and takes care of his daughter. The landlord did a random walk through one day and found no evidence that we are subletting our apartment. One other reason he says is saying that our babysitter is selling drugs from our apartment. Our neighbors are accusing the babysitter of doing this. Are neighbors have not liked us since move in because we are "different" (ie we have significant amount of tattoos and dress differently.) The only other problem that we have had is that our footsteps are to loud (fixed that problem). Other than that we have no other problems than saying that our babysitter lives with us and that the sitter is selling drugs out of our apartment. Can he evict us because they "think" were selling drugs and subletting the apartment? I'm sorry if this makes no sense if there is any confusion please ask away and I will do my best to correct anything.

    Thanks,
    Johnny

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Possible California Eviction

    No.

    First, he would have to file an eviction action and have you served. You would appear in court and the court would likely find it was an illegal reason to evict you.

    The only way the landlord could win is if there is some clause in the lease that covers that conduct and he can PROVE that conduct to the satisfaction of the court.

    You might want to do a background check on the babysitter and have someone observe the residence for a few days while she is there and see if strange people are coming and going from your residence.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Possible California Eviction

    Quote Quoting FCJohnny
    View Post
    State: California

    My landlord has threatened my roommate (which is on the lease) and myself for eviction. His reason is, that we are subletting our apartment it is a 2 bed room 1 bath apartment. During the day my roommate has a babysitter come over and takes care of his daughter. The landlord did a random walk through one day and found no evidence that we are subletting our apartment. One other reason he says is saying that our babysitter is selling drugs from our apartment. Our neighbors are accusing the babysitter of doing this. Are neighbors have not liked us since move in because we are "different" (ie we have significant amount of tattoos and dress differently.) The only other problem that we have had is that our footsteps are to loud (fixed that problem). Other than that we have no other problems than saying that our babysitter lives with us and that the sitter is selling drugs out of our apartment. Can he evict us because they "think" were selling drugs and subletting the apartment? I'm sorry if this makes no sense if there is any confusion please ask away and I will do my best to correct anything.

    Thanks,
    Johnny
    In many jurisdictions, landlords had written into leases that tenants can be evicted "if they sell drugs" from the premises, because due to "forfeiture laws", the state government can come in and seize the landlord's property.

    I know a neighbor says "your babysitter is dealing", and you said "she doesn't", and no one really knows if she is telling you the truth.

    I don't know what your landlord does for a living, or if he's retired, but I can tell you one retired landlord living in FL, who owns an apartment building in Springfield Ma, was informed by the authorities that they have evidence of drug dealing in his building. He's told he either deals with it, or have the building seized.

    So, he had to hang around a drug infested building in the dead of winter, watching the place here up north, instead of enjoying sunny Florida where he retired to.

    Your landlord could get himself into some real trouble if he beleives you, "the babysitter is not dealing drugs", and then it turns out the DEA has surveillance tapes proving otherwise. And he would be a bigger idiot if he said nothing to you about it.

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Possible California Eviction

    I understand the previous post, but that is highly unlikely. First, he would have to take you to court and have SOME evidence to back up the neighbor's claims. Any judge worth his/her weight in salt is not going to let an eviction happen based on someone else's word.

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