Tenants and condemned house

[mollym.sequoia@]

What is the name of your state? California

My tenants hadn't paid their rent in months. They also didn't pay the water or the electricity, but I didn't know about the water and electricity until the city found out about it and requested an inspection. When the city and myself inspected the property we discovered that they had cut the meter and the lock off the water and we're stealing the water from the city did also bypassed the PG&E meter and was stealing the electricity as well. They also converted to sheds in the back of the attic and the garage in two spare bedrooms that people were obviously living in. So the city decided to condemn the house for substandard living conditions and posted a notice to vacate the next day. The city said they are not entitled to relocation fees since they caused the damage. They also said that they can't return until they repair the damage they caused and pay their past due bills which they won't pay. Since then they've gone about their daily business like it never happened. They stay there as much as I can and if I call the cops for trespass they leave for a few minutes then come back when the cops leave. What should I do? What's the timeline before I can declare the house abandoned? Can I declare it abandoned if they remain there against the order of the city? How long do I have to keep the stuff before I can sell it? What steps should I take to get them out? Can I sue them later for the damages? And lastly her mom is very wealthy and guaranteed me before I decided to sign the lease that you'll be responsible for her daughter she's paid for every month her daughter's been at the house directly via check. Can I also sue her for the damage your daughter caused even though she didn't sign the lease but guaranteed me? Little guidance would be wonderful thank you.

 

[adjusterjack]

As a landlord it is clear that you are in so far over your head that you had best be talking to an attorney about properly evicting these people and getting your property back. You need to do that or they will still be occupying the place for free for the indefinite future.

 

[HRZ]

IF the property is condemmed and properly posted as such ...why isn't City arresting and fining or jailing the occupants ? Are you ringing the right bells and following up on paper with City ?

IN general an oral guarantee to pay the debts of another has the legal strength of wet toilet paper . IF Mom signed a written guarantee that's different but it's not what you posted.

 

[reenzz]

It sounds like you have “professional” tenants. Get yourself a lawyer...ASAP.

 

[HRZ]

Getting a lawyer for eviction. ASAP makes sense. PLUS in the wacky pro tenant world of CA .... YOU might be subject to hefty fines if YOU don't repair the damages and restore unit to lawful habitability

 

[adjusterjack]

IF the property is condemmed and properly posted as such ...why isn't City arresting and fining or jailing the occupants ? Are you ringing the right bells and following up on paper with City ?

Because it's between the city and the owner of the property. It's not up to the city to remove people. It's up to the owner. It's the owner who can be fined for not removing the occupants.

 

[xylene]

I'm surprised that more criminal action wasn't taken for the utility thefts.

 

[adjusterjack]

I'm surprised that more criminal action wasn't taken for the utility thefts.

That would be up to the utility companies to report the crimes to the authorities and assist in prosecution if the authorities chose to do so.

 

[HRZ]

I don't know the local laws or enforcement winds....OP would be wise to sort them out ...around me local government has arrest powers as to being in a placarded condemmed building ...but I'm not in CA ..

The local police are unlikely to do your eviction work for you...at best they or perhaps zoning or codes office will arrest folks for being in a condemmed building
..why are not occupants being arrested ?
.
Absent paid local legal counsel you are way out on an unsafe limb to assume the unit is abandoned or that you can lock out tenants ..that's an illegal self help eviction..at best you can cooperate with local agencies to have them enforce the condemnation.

Be very careful ...the way the winds blow in CA you could be force to rehab the place so they could enjoy it ...

 

[xylene]

That would be up to the utility companies to report the crimes to the authorities and assist in prosecution if the authorities chose to do so.

Sorta, but as I said I'm surprised they didn't.

Also the landlord could definitely bang that gong, especially if he is facing costs and property damages.

It is definitely a club worth wielding in this fight.

 

[mollym.sequoia@]

IF the property is condemmed and properly posted as such ...why isn't City arresting and fining or jailing the occupants ? Are you ringing the right bells and following up on paper with City ?

IN general an oral guarantee to pay the debts of another has the legal strength of wet toilet paper . IF Mom signed a written guarantee that's different but it's not what you posted.

The tenants are allowed there in 30 min. Intervals during the day to make repairs or to grab any items they might need and are not allowed there at night. Whenever we catch them violating the order, we call the cops and they come and ticket them for trespassing, but then they come back. The cops said they would be arrested next time.

But that still doesn't answer my question. What do I do now to get them out so I can begin repairs? File a notice of abandonment, maybe? The city's notice said that repairs must be started within 3 weeks. Should I begin the repairs even though she caused the damage? I don't want to repair the house so that they can come back. I want them out.

Does it help that I have documentation of her mom paying the rent? I think I've heard that might help show her responsibility as a guarantor.

 

[xylene]

Why are tenants making repairs on a lease property at all?

You have criminal deadbeat tenants, the time for self help is over. Get a lawyer.

Work with the utility providers and ask they pursue the violations more aggressively.

 

[HRZ]

I would not touch a repair unless blessed by my attorney first.

I think you are on very risky grounds as to words you post about repairs to start within 3 weeks ....a liberal might read that to mean in tenant drives two nails in the wall , that repairs have started and they are entitled to remain , as far as City is concerned ....I would hope it means the sections not legal for occupancy need to be disassembled, all relevant permits need to be obtained , and licensed contractors brought in for things that need licensed contractors...plumbing is a one likely one . You need your own attorney aboard .

Around me once water is shut off the building loses its CO and the whole place could be subject to being brought up to new current codes ...I don think know your local rules

They have NOT abandoned the place in the plain language use of the word neither have they surrendered it and it's unclear if City has closed the doors on this unit .

 

[HRZ]

BTW you stand zero odds of a judgement for unpaid rents and zero odds for your own eviction order unless you get started with all the due process steps

 

[FarmerJ]

So you are crystal clear tenants don't get a automatic right to make repairs in rentals even if they caused the damage and no matter what your city tells you about the tenants and moving back in , forget it they aren't going to move in again.!!!!!!!. So hire a lock smith to install double cylinder locks that cannot be easily picked or drilled out and post the place with notices that says to the tenants
if you must gain access you are to call _ ( your number) first to gain access. if they don't like it too bad , condemnation means the govt has ended those peoples right to live there and then go in and start bagging any personal property left there after taking pictures of every thing they left behind in the rooms that they did your city has not given you enough time to make repairs so you should talk to a lawyer now because you have multiple things to get help with, like getting more time to make repairs and de construct the non permitted changes they made like garage and attic living spaces. You want to also talk to electric co about what will be needed to make its meter more secure. You want to learn what your cities policy is if you boarded the house up in order to make it more secure while working on it. You want a atty to help you with notices to those tenants including all john does and jane does for personal property abandonment - disposal , even if it means those notices go to the only known address , ( your rental unit ). If the utilities give you grief about the theft of those services remind them its up to them to go after them for theft ( A attorney can help you with new leases that spell out a written out consent that tenant agrees to grant their consent to allow utility providers to tell you account details so you can call every now and then to learn if accounts are current or behind.) BTW the logic in not permitting tenants to make any repairs to the house is because if they do a bad job guess who its gonna cost to re do it? ( you) and you don't want tenants to be doing things that may not be up to code because if they did your city can and will make you re do it .