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  1. #1
    Join Date
    May 2015
    Posts
    5

    Default Evicting a Tenant from Storage of an RV on Private Property

    My question involves landlord-tenant law in the State of: California

    I live in a rural area, on acreage, where it is common for people to allow other people to store their RV's on their land, for a fee. (I am not sure if I am posting in correct area, but it is the closest I could find as I could find nothing on Storage Law.)

    I allowed a person to do so, beginning 09/30/2014. In mid-December, the boyfriend arrived to pay the late rent and he said he wanted to store some stuff because their friends kept stealing from them. I said, fine; it is your property you can store it in there if you like so long as it is not flammable.

    Now, I have the key to the door and ignition as to start it up and move it to keep battery charged and in case of emergency. While going to start it up and move it in early January, I noticed, in plain sight, a citation for California Health and Safety Code 11550 HS for the owner, her boyfriend and some other person. Great I thought. I did a public record search and discovered he has a warrant for his arrest for theft, which occurred right around the time he stored the stuff in the RV. (ALL the stuff is brand new, still in box with price tags)

    When he showed up with the again late rent in January, wanting to get some items out of the RV, I informed him I knew he had a warrant for his arrest are legally, I could not allow him on my property, so he needed to get it taken care of. He said ok.

    Every month they have a sob story as to why they are late. This month is no different.

    I also recently discovered the owner has a bench warrant and a FTP warrant. I served them a 72 hour notice via email, mail and have one in the spot where they are supposed to have come pay the rent 3 days ago, waiting for them. I also have one posted on the RV's door, but they know they are not allowed on the property.

    I also contacted the sheriff dept about the RV, telling them I believe it contains the stolen property form the theft he has a warrant for and provided them a copy of the 72 hour notice, and requested they come get it. They wont and do not care if it contains stolen property, or so it seems by their lack of action or response.

    The owner and her BF have moved since they signed the lease and are supposedly homeless, so I have no way to contact them really other than sending them an email. They also use a different cell phone number every time they contact me (which is rare).

    I am at my wits end of what to do with this POS they have on my property....( it looks like it was stolen recovery, and stripped of lot of stuff, has a broken ignition even (Sheriff dept did say it is not stolen)) I know I can lien sale in 90 days BUT if she has a FTP warrant, I cant to that either, the DMV will reject it.

    Any advice? I am ready to drive it off my land, park it on the dirt road and walk away but I am sure that would get ME in trouble.

    (Initially, the rental agreement was for only two month, yet here they still are...)

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Evicting a Tenant from Storage of an RV on Private Property

    Quote Quoting Cikan Vuz
    View Post
    I am ready to drive it off my land, park it on the dirt road and walk away but I am sure that would get ME in trouble.
    That's what I would do (but that's not legal advice).

    But take it many miles away, to a different jurisdiction than your sheriff.

    I'd leave the keys in it, too.

    If your tenants ever come back just say "One day it was gone and I assumed you picked it up like you said you would."

  3. #3
    Join Date
    May 2015
    Posts
    5

    Default Re: Evicting a Tenant from Storage of an RV on Private Property

    LOL! I wish I could! but it has one cracked and near flat tire and like no gas.... Still, something I might consider.... LOL

    - - - Updated - - -

    Any serious and factual input?

  4. #4
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Evicting a Tenant from Storage of an RV on Private Property

    Is this a lease pursuant to which you were authorizing them to live in the RV, or is it exclusively for storage of the RV?

  5. #5
    Join Date
    May 2015
    Posts
    5

    Default Re: Evicting a Tenant from Storage of an RV on Private Property

    Strictly storage

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Evicting a Tenant from Storage of an RV on Private Property

    The eviction process is summarized here, with a focus on residential leases. If the tenants are not going to argue that this was a residential lease, then they have fewer legal protections; but the overall process is the same.

  7. #7
    Join Date
    May 2015
    Posts
    5

    Default Re: Evicting a Tenant from Storage of an RV on Private Property

    OK, TY

    So, can you tell me how to go about the Lien process if they default 90 days or more WHEN there is a FTP warrant on the owner? I mean, won't the state just claim the property as theirs? ( I do know how to do a lien, just not sure if it is worth it if the state will just take the property to pay the debt and fee to the county. Or will they not do that, let me do the lien sale then take my money if I get any from the lien sale?

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