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swatter wants $$ to vacate

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jacknjill

Member
What is the name of your state? California

Here's the issue. My mother is 69 and lived alone up until my brother and a friend moved in. My brother is to pay all utilities, phone, etc as his rent. His friend does not work and my mother felt sorry for him and said he can stay too. I should my head at that too when I found out, but by that time he was all moved in.

My brother and his friend has lived there exactly 30 days. During their stay, my brother's friend has become aggressive and shows volent tendancies. My brother says he did not realize his friend has this issue. This guy has been trying to take over my mom's home, he has threatened my brother, harrased my mother. She's asked him to leave, by brother has asked him to leave and he refuses. Said he had rights. I went there with my husband and told him to get the *** out of the house. My brother is apparently afraid of him at this point. The guy refused to leave and said he wasn't leaving only by force. I called the police, they came out and said that since he's moved all his stuff in, we had to give him a 3-day notice to Quit, even after receiving that he can seek a 30-day extension. The police officer told my mom, that if she offered him money to leave, that maybe he would go quietly. He stated that he's seen this tactic usually work. My mother and brother want him out, so my mother (in front of of the officier) handed him a 3-day notice (I went onto the computer and typed it up for her during the time the officier was taking the report). She then told the guy that she'd give him $1000 to take his stuff and get out. He said no, he wants his 30 day extension. The officer said he had that right and we just had to wait it out. Police officer left and the harrassment promptly started. We called him back and he said we could not proof harrasment. We need to tape him, video take him, etc....My mother is scared, because my brother works nights and I live 2 hours away. The issue happened today. Tonight, the guy tells my brother that for $2000 he'll leave and never look back.

I talked it over with my mom and brother and they both just want him to away, and not to wait the 30 days, because he's been verbally abuseive, calling my mom B----, etc, constantly, trying to get my brother or mother to hit him so he can call the cops on them.

My question is this: We want to write a up something that he would have to sign before giving him the money. Something like: I agree to not tresspass, harrass, molest any persons or property and "said address" I agree to stay away, blah, blah blah... Does anybody have any idea on what else we should include to protect ourselves? Should we call the police and have their witness the exchange? Will the come for something like that?

Any inputs on what to place in the document that we are going to draft up would be greatly appreciated, I don't want to forget to mention anything that should be in the note.

Thank you for any positive inputs to our plight.
 


BL

Senior Member
My question is this: We want to write a up something that he would have to sign before giving him the money. Something like: I agree to not tresspass, harrass, molest any persons or property and "said address" I agree to stay away, blah, blah blah... Does anybody have any idea on what else we should include to protect ourselves? Should we call the police and have their witness the exchange? Will the come for something like that?
You want to put in there that he is accepting $2000.00 to terminate his tenancy Immediately in lue of proper eviction procedures , that he agrees to cease and desist from any further communications to or at that the property of ( fill in the info ) .

Keep a signed copy w/ both signitures .

Personally I would make sure he has his belonging out of the home before giving him the money , or both parties signing the statement .

Once he's out , lock the doors . If he has/had keys change the locks Immediately , and keep them locked .
 

MyHouse

Member
Protective Order??

Has the squatter made any threats? Your mother and brother may be able to (for free) get a temporary order of protection. If Loser contacts either of them then they can call the police. Loser can be excluded from the residence as well as your brother's place of employment. I would really hate to see this guy get paid $2000 to leave, which is just a reward for him being a total jerk. They are clearly afraid of him and have reports that they have had to call the police. Why not give the protective order a try? I think it is much safer (and cheaper) than the agreement. Probably more enforceable too.
 

BL

Senior Member
Has the squatter made any threats? Your mother and brother may be able to (for free) get a temporary order of protection. If Loser contacts either of them then they can call the police. Loser can be excluded from the residence as well as your brother's place of employment. I would really hate to see this guy get paid $2000 to leave, which is just a reward for him being a total jerk. They are clearly afraid of him and have reports that they have had to call the police. Why not give the protective order a try? I think it is much safer (and cheaper) than the agreement. Probably more enforceable too.
With these in mind , contact some elder source Agencies . Where I'm from there's something called elder abuse . Check into it .
 

jacknjill

Member
Squatter update:

Hi everyone. thanks for your great input.

Many changes since I posted.

My mom got a $2000 certified check and she went to an attorney to draft a letter that states he accepts the money, will leave, not harass, etc. etc. My mom and brother presented the letter to him and guess what he wants more money.. Surprise!. He said he wants $5000 plus his car paid off which is about $15, 000. My mom and brother said go to hell. he blew up, etc. My mom and brother left the house to avoid his harrassment.
They've called the cops, and they can't do anything until he physically harms them, or destroys her property. Since she served him a 3-day notice to quit (in front of a police officer), we are waiting until 1pm on Thursday to take further action. The police doesn't believe he will get the 30 days extension, because he has no cause. He wasn't paying rent, utilities, has no proof that he contributed to the household, etc.

My question is: when 1pm on Thursday comes, what are our rights? My husband and I are driving down Thursday to help my mother and brother if there's trouble. If he is gone during that time, and doesn't produce any 30-day extension and doesn't return at a decent hour, do we put his stuff on the sidewalk (he has made no attempt to pack) and change the locks? Should we have a cop there? Do we need one? We don't plan on just dumping his things on the sidewalk. We have access to boxes, and wrapping materials, so we can place the items neatly on the sidewalk. Would this be acceptable and I assume he will not have a leg to stand on to sue if he doesn't get the 30-day notice?? This is now Wednesay, 3pm Pacific. Time is ticking....any helpful response would be greatly appreciated.
 

BL

Senior Member
I'd prohibit him from entry .

What would be the worse to come from it ? A penalty , not over 2 grand I bet .

Personally , I'd kick his arse down the street .
 

jacknjill

Member
We were told that we cannot lock him out or prevent him access until the 3-day period is over. If we do, he can can call the cops, they file a report and he can sue us. I'm just unsure of what the next steps are when Thursday 1pm comes along.

I need a legal opinion of "if he is not there at the house and we wait until 3, 4, 5pm, and he doesn't show up. can we legally remove his items from the house, place them on the sidewalk and change the locks of the house, without any worries of him suing my mother and winning.
 

curiousgeorge12

Junior Member
I'm so sorry for your mother! This sounds really stressful.

Don't leave the belongings in the street. Pack them up like you were going to, take them to a storage facility. Pay for one month's storage and give the key and paperwork to the guy. If you leave it out on the street and it gets stolen, he could try to sue for improper disposal of his possesions.

Good Luck!
 

danno6925

Member
Sad, so sad.

I wrote and rewrote this post three times before I decided to simply let the master sum it up for me:


A fool and his money are soon parted.
~ PT Barnum
 

nextwife

Senior Member
Does mom RENT, or own the place in question?

If mom's LL did not authorize this jerk's tenency, the LL should be able to kick him out. He is probably there against the lease rules (as is brother). Moms need to see if she can get some help from the LL to have him removed from the building.
 

jacknjill

Member
My mom owns the house free and clear, 30 years now.

Does anyone know the "legal" proper procedure of after someone is served a 3-day Notice to Vacate??

I like the idea of sending all his stuff to a storage center, and leaving the key with management.
 

MyHouse

Member
Have you checked into getting a temporary order of protection? If granted, he will be excluded from the residence immediately. Then you can put his belongings in storage. You can call the police if he shows up to harass. I don't mean to scare you but I think this guy could be dangerous. His sense of entitlement is beyond any I've ever heard of. People like this have no conscience, so please be careful. Yes, have a police officer accompany you to the residence when it is time for him to get out. About ten years ago one of my good friends was shot in the head by a tenant he was trying to evict. He went to change the locks and did not follow advice to take a police officer with him.
 

jacknjill

Member
My mom and brother have tried the restraining order route. He has not physically attacked anyone, and we don't have proof of harrassment and abuse. At least that's what the police told us and an attorney. When we call the police the jerk gets in his car and leaves, then sits at the end of the street. When the police leaves he comes back. The police said they cannot do anything unless he assaults someone, or we video tape him in the act.

When his stuff is out, my mom is getting a security system, we have a appointment scheduled for this week.

This is so sad that people have to go through this. This guy stole my mother's address book and has been calling everyone on it, telling them horrible lies and telling them they were bad people. Problem is, he's not leaving messages on voicemail, "and we need that" until the police can do anything. Can you guys believe this???? This is UNBELIEVABLE.

I will call the non-emergency number 1/2 before we pack his stuff to a storage place. Who knows, with our luck, the cops will probably say "they can't come out for something like that".

Sorry about your friend. This is a great fear of mine. This person is HIV-Positive (we just found out yesterday, when we called his social worker, hoping that he would tell the creep to stop harrassing us). So I am very scared for my mom. He is demon possessed, definitely.
 

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