Do I need a lawyer/first time landlord

[Shelly Lynne]

What is the name of your state? California. My husband gave some friends of 16 years the keys to our rental unit to move in without having them sign the lease and pay the deposit or first months rent. He made arrangements to do it the next day. They refuse to pay or sign the lease. We gave them a three day notice to pay or quit and they haven't done either yet. What do you suggest we do?

 

[blksheep]

Go down to you court house and file eviction on them. They will be served the eviction and will be given a court date. If they don't leave by then go to court tell the judge what has been going on and they will be ordered to leave. If they don't leave in a couple days you can do a set out. Document all communication between you and the squatters and communicate in writing for everything.

 

[FarmerJ]

I think your going to have to see a atty, WHY because to start it off they moved in with zero payment / its a he said she said thing now. I can see it if you file for eviction based on non payment, The judge asking if the complaint is true and they say no, they didnt agree to pay rent. Just how do you prove a oral rental agreement one side admits they agree or you end up with a HUGE mess trying to prove it. I think you would be better off having a atty write up a notice to them that they are going to have to move out. The notice would meet your states statutes and can be sent via certified mail . THEN if they refuse to leave by the end of the notice they can be taken to court and explain to the judge what part of the notice they didnt understand and still have to leave ( now having a court history that will bite them someday ) Use the links up top to locate a atty to draw up for you the notice and send it out so there are no mistakes made. IN addition there is no self help eviction in your state you cannot just put them out so unless you want this to bite you in the butt you should see atty to make sure it is done correctly.

 

[Shelly Lynne]

Do I need a lawyer / first time buyer

Thank You blksheep and farmer. I have had such a hard time trying to figure out what to do. I am so glad I found this sight and you were there to give me advice.
Take care,
Shelly Lynne

 

[Cvillecpm]

Do I need a lawyer

YES....you did 3 cardinal SINS for newbie landlords...

1) rented to friends or family;
2) did not get proper move in monies;
3) allowed move-in prior to lease signing....

Talk to several property managers in the area, ask what attorney they use, call the attorney and make an appt ASAP....every day they are in your property it is costing you $$$ and you can't afford NOT to use an attorney at this point.

 

[Gadfly]

You can do this without an attorney, but I highly recommend that you ask around and establish a relationship with an attorney. Chances are you will need one at some point, now or in the future.

Go to the library or book store and read some books on property management. As stated above you have already three cardinal sins. That's not a good sign.

Consider a property manager. If you bought this home right and if you collect the correct amount of rent you should make money as a landlord, but maybe you should consider being a silent owner and let someone else handle the management side.