Squatters on Business property

[calkn]

Our family owns a business in Los Angeles. About 6 months ago, we hired a new employee. He has allowed his parents to bring in barrells full (approximately 50) of assorted household items. Along with, furniture, old cars, etc. The father owns apt. buildings and we think all of these items have been left in the apts. when people move.

We have told him, over and over to remove the stuff, but so far he hasn't.

We were in there yesterday to change the locks on the business, and he was there. He basically told us that this was a civil matter, and that legally we couldn't change the locks! What nerve!!!

They are using our electricity, gas, parts, etc. Letting people we don't know come onto the premises. He even moved a bed into the office!

We are trying to sell the property, but in the mess it's in, probably won't sell it until all that stuff is out.

One of the things we worry about, is that it is a welding equipment rental yard. He has all of this stuff close to welding areas. If nothing else, it's a very high risk fire hazard.

My mother has Luekemia and doesn't have very much longer with us. I think it's very sad that people take advantage like this. She would like to get the property sold, the stress of of her mind, so she can live what little time she has left in peace.

I hope someone out there has some good advice for us. I would really like to see someone rally for the victums.

TIA
[email protected]

 

[Advisor3]

You should contact the fire dept. they may issue a citation requiring them to get rid of the flamable materials. You may then also have a reason to start the eviction procedure based on the fired code violations, if they don't clean them up. They may also have violated othere clauses in the lease, and you should read it with a fine tooth comb.

 

[Tracey]

Excuse me? FIRE HIM TOMORROW MORNING!!!!! Fire him, tell him to leave the building immediately, and change the locks. When he refuses to go, call the police and have him arrested for trespass. You might even want to get a restraining order in the morning forbidding him from entering the area and have the police accompany you to the building to serve him with the order and 'keep the peace' while you fire his worthless ass. The key here is to move quickly, so he doesn't have time to get "revenge" before leaving.


If you're not willing to fire him over this, then don't complain about the trash. As Ann Landers says, "Nobody can take advantage of you without your permission."


===========================================
HEY IALL: does CA law allow an employer to withhold money from a paycheck to setoff expenses the employee caused the business to incurr?


IF IAAL SAYS YOU CAN DO IT, give him written notice that you will mail his severance pay in one week. Give him the option of paying you $10/hour (via paycheck deductions) to move the crap out onto the street where he can pick it up if he's faster than the neighborhood scavengers, or having you throw his stuff away. Tell him you will charge him for hauling the stuff to the dump and deduct the money from his check. Give him 7 days to protest your deductions once he receives the check. (Document all expenses and time carefully.)

If he protests the deductions, sue him in small claims court for the costs of moving/removing his stuff and pay the disputed portion of his paycheck to the court to hold in escrow. This way you haven't willfully and wantonly withheld his pay. When you win, the court will give the money back to you, along with an order for costs.


===========================================

This is not an eviction - he is not a tenant. He's a soon-to-be-ex employee. He's not allowed to live on commercial property anyway.


Good luck; I know you can do it!
Tracey

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 24, 2000).]

 

[calkn]

Thank you all.

This guy runs apt. buildings, so when he looked at me and said "you can't do this, it's against the law!", I worried about the possible reprocussions we would be dealing with if we did just move his stuff out on the street and change the locks. I told him there was a difference between apts. and a business!

I hope all of you are right. I will contact a local attorney this morning.

I appreciate your help. Hopefully, this will be resolved by days end. I'll let you know.

Thanks again,
Karen