Tenants Moved Back After Eviction!

[BayLife]

California

We are apartment owners, and we recently had to evict one of our tenants. We handled the process legally through the courts, and the judge ruled in our favor that these people had to leave.

They did leave without incident, but left the apartment in shambles. We had to replace everything, even the walls.

During renovation, we noticed that these people were back! They had moved in with another one of our tenants, and they are currently residing there with no intentions of leaving.

It is a one bedroom apartment, and now there are 4 adults and 2 children living there.

What can I do about this? Is it legal for them to come back after being evicted? Can a family just move into an apartment with someone, even though it is obviously not suitable for so many people? Please help. I don't want to take any action until I know my options. Thank you for your time.

 

[Gail in Georgia]

Your lease with these other tenants must specify who can reside there, correct?

It doesn't include the folks you evicted.

Thus your tenants are breaching their own lease and face the risk of eviction themselves.

Gail

 

[justalayman]

If the other folks are in violation of their lease, give them a cure or quit notice. If they refuse to
Do either, initiate eviction proceedings.

If they are not in violation of their lease there is nothing you can do about who they have as guests.

 

[AlmostALawyer]

I agree with Gail. Depending on how your lease is written, you may have grounds to evict another tenant and their "houseguests."

Additionally, there may be local ordinances or housing regulations that stipulate how many individuals can reside in a one-bedroom apartment. I once dealt with this in another state and I called code enforcement who conducted an investigation and inspection of the apartment unit before ultimately writing citations to the tenant.

 

[CdwJava]

If the eviction went so far as to include a kickout order, that order may also have included an admonishment to leave and remain off the property. If they are prohibited by court order from returning to the property, then the police might be able to take action for trespassing or violating a court order.

If the matter had not gone to a final court order to kick them out, then you may have little recourse save to evict the current tenants (if you can).

 

[FarmerJ]

HOW did they get in ? if they broke in call the police and have your court order that shows you were granted the eviction and report the break in . Other wise if they just walked into a unlocked property you may well have to go to the sheriffs dept with a writ of restitution or what ever it is called there that tells the sheriffs dept to carry out the courts order and bodily remove them if they have to.

 

[justalayman]

Farmer, they are not in the apartment they

Farmer, they are not in the unit they were evicted from. They are staying with an acquaintance in another apartment.

 

[FarmerJ]

OOPS that posting must have been about the time the nurse came in to re hook up IV after I showerd ( am in hospital ) so I messed up.

 

[Ohiogal]

OOPS that posting must have been about the time the nurse came in to re hook up IV after I showerd ( am in hospital ) so I messed up.

Hope you feel better soon.

 

[954Rental]

You need to specify in your lease how many people you are renting to and that no others are allowed. Now you should also put in a clause that no overnight guests are allowed that have been evicted from the property, and that they have to inform you when any guest is staying more than 7 days, or whatever you want to specify.