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  1. #1

    Default Tenant is Allowing an Evicted Tenant Onto Property as a "Guest"

    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?


    thanks,
    Confused LL.

    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.

  2. #2
    Join Date
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    Default Re: Tenant is Allowing an Evicted Tenant Onto Property as a "Guest"

    Every California landlord should read this guide, front to back.
    Quote Quoting When Can the Landlord Enter the Rental Unit?
    California law states that a landlord can enter a rental unit only for the following reasons:
    • In an emergency.
    • When the tenant has moved out or has abandoned the rental unit.
    • To make necessary or agreed-upon repairs, decorations, alterations, or other improvements.
    • To show the rental unit to prospective tenants, purchasers, or lenders, to provide entry to contractors or workers who are to perform work on the unit, or to conduct an initial inspection before the end of the tenancy (see Initial Inspection sidebar).
    • If a court order permits the landlord to enter.
    • If the tenant has a waterbed, to inspect the installation of the waterbed when the installation has been completed, and periodically after that to assure that the installation meets the law's requirements.

    The landlord or the landlord's agent must give the tenant reasonable advance notice in writing before entering the unit, and can enter only during normal business hours (generally, 8 a.m. to 5 p.m. on weekdays). The notice must state the date, approximate time and purpose of entry. However, advance written notice is not required under any of the following circumstances:

    • To respond to an emergency.
    • The tenant has moved out or has abandoned the rental unit.
    • The tenant is present and consents to the entry at the time of entry.
    • The tenant and landlord have agreed that the landlord will make repairs or supply services, and have agreed orally that the landlord may enter to make the repairs or supply the services. The agreement must include the date and approximate time of entry, which must be within one week of the oral agreement.

    The landlord or agent may use any one of the following methods to give the tenant written notice of intent to enter the unit. The landlord or agent may:

    • Personally deliver the notice to the tenant; or
    • Leave the notice at the rental unit with a person of suitable age and discretion (for example, a roommate or a teenage member of the tenant's household); or
    • Leave the notice on, near or under the unit's usual entry door in such a way that it is likely to be found; or
    • Mail the notice to the tenant.

    The law considers 24 hours' advance written notice to be reasonable in most situations.

    If the notice is mailed to the tenant, mailing at least six days before the intended entry is presumed to be reasonable, in most situations. The tenant can consent to shorter notice and to entry at times other than during normal business hours.


    Special rules apply if the purpose of the entry is to show the rental to a purchaser. In that case, the landlord or the landlord's agent may give the tenant notice orally, either in person or by telephone. The law considers 24 hours' notice to be reasonable in most situations. However, before oral notice can be given, the landlord or agent must first have notified the tenant in writing that the rental is for sale and that the landlord or agent may contact the tenant orally to arrange to show it. This written notice must be given to the tenant within 120 days of the oral notice. The oral notice must state the date, approximate time and purpose of entry. The landlord or agent may enter only during normal business hours, unless the tenant consents to entry at a different time When the landlord or agent enters the rental, he or she must leave written evidence of entry, such as a business card.

    The landlord cannot abuse the right of access allowed by these rules, or use this right of access to harass (repeatedly disturb) the tenant. Also, the law prohibits a landlord from significantly and intentionally violating these access rules to attempt to influence the tenant to move from the rental unit.

    If your landlord violates these access rules, talk to the landlord about your concerns. If that is not successful in stopping the landlord's misconduct, send the landlord a formal letter asking the landlord to strictly observe the access rules stated above. If the landlord continues to violate these rules, you can talk to an attorney or a legal aid organization, or file suit in small claims court to recover damages that you have suffered due to the landlord's misconduct. If the landlord's violation of these rules was significant and intentional, and the landlord's purpose was to influence you to move from the rental unit, you can sue the landlord in small claims court for a civil penalty of up to $2,000 for each violation.
    You can renegotiate lease terms when they expire, so with a month-to-month tenancy you can renegotiate the terms on a full rental period's notice. (Some restrictions apply to changes in rent, and those restrictions are more significant in areas of the state that have rent control ordinances).

    If it were me, I would consider terminating tenant #2's tenancy and getting a new tenant (or tenants) for the property.

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Tenant is Allowing an Evicted Tenant Onto Property as a "Guest"

    Quote Quoting Mr. Knowitall
    View Post
    If it were me, I would consider terminating tenant #2's tenancy and getting a new tenant (or tenants) for the property.
    He already served #2 with a 60 day notice.


    While there are things you could do, I would simply wait it out. Why stir things up?

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