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  1. #1

    Default Can I Be Evicted if I've Moved Out but Other Tenants Have Not

    My question involves an eviction in the state of: California

    This involves a commercial building in an area zoned residential.

    The short and sweet of it is that back in May my core group of constituents partnered with some other people we didn't know that well. Without getting into all the particulars let's just say those people sucked and caused a lot of problems so in a meeting with the landlord regarding some of the issues we just agreed to start vacating the building.

    Surprise surprise some of the individuals started squatting. Not paying etc. etc. etc. Wouldn't leave. After months of this the landlord is understandably at their end with the City coming down on them (and me as the renter) for having people living in the commercial building. The city has also posted a notice to vacate.

    Either way, my group has been out of the building since May and we received a 30 day notice to vacate on the 5th of July. We didn't panic because we were already in the process of evicting the people who wouldn't leave. However the process is taking longer than expected (as most anyone doing an eviction for the first time finds out) and the Sheriff won't get to the actually removal process until at least the 6th of August.

    How does this work? Do we still get evicted since we are, admittedly, the catalysts for those people being there in the first place? Sure would suck to get evicted from a building I'm not even occupying simply because the law allows others to squat relatively easily.

    What's a good avenue to protect myself?

  2. #2
    Join Date
    Mar 2013
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    Default Re: Can I Be Evicted if I've Left but Others Have Not

    Eviction is a court process that returns possession of the property to the owner.

    Even though you are out, you still get named in the eviction and the eviction still goes against you.

  3. #3

    Default Re: Can I Be Evicted if I've Left but Others Have Not

    Gross but expected.

    So is there some way I can officially return possession? Does no good to evict me since I'm not there. It would be silly to have it on my record that I refused to leave a premises that I left months ago.

    I mean, if I move out of a house and someone jars a door open and squats there has to be some way to separate myself from that person. Anyway I could do such a thing here?

  4. #4
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    Default Re: Can I Be Evicted if I've Left but Others Have Not

    " After months of this the landlord is understandably at their end with the City coming down on them (and me as the renter) for having people living in the commercial building. The city has also posted a notice to vacate."


    The problem is that while it appears you and the landlord have come to some sort of agreement to vacate the rental unit, these folks continue to squat and attempts by the landlord to get them to vacate have not been successful. Thus, the only option the landlord has (since, while it's certainly tempting on the part of the landlord to toss them out on their ear, it's also illegal to do a self eviction) is to go through the court for a formal eviction. One evicts the actual tenants on record. That would be you.

    Gail

  5. #5
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    Default Re: Can I Be Evicted if I've Left but Others Have Not

    Quote Quoting somekindofaction
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    Gross but expected.

    So is there some way I can officially return possession? Does no good to evict me since I'm not there. It would be silly to have it on my record that I refused to leave a premises that I left months ago.

    I mean, if I move out of a house and someone jars a door open and squats there has to be some way to separate myself from that person. Anyway I could do such a thing here?
    Yes.

    Get those people out by yourself.

  6. #6

    Default Re: Can I Be Evicted if I've Left but Others Have Not

    Gross but expected.


    Last question. The sheriff has been given the writ of possession and has likely served it already. Once they are removed next week (if they don't leave on their own) how do I keep from being on the hook if some other transient decides to enter the property and start squatting? It's an old building that is hard to secure and I want to make sure people don't try to blame me for those conditions.

  7. #7
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    Default Re: Can I Be Evicted if I've Left but Others Have Not

    Quote Quoting somekindofaction
    View Post
    Gross but expected.


    Last question. The sheriff has been given the writ of possession and has likely served it already. Once they are removed next week (if they don't leave on their own) how do I keep from being on the hook if some other transient decides to enter the property and start squatting? It's an old building that is hard to secure and I want to make sure people don't try to blame me for those conditions.
    There really isn't anything you can do that will "prevent" the LL from blaming you or suing you.

    You'll just have to hope for the best.

    Might be wise to drive by the building once in a while to check things out and check the court file to get the date of service of the writ of possession and any other documents that might follow.

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