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How risky to self-help evict blatantly illegal tenant?
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Date: September 1st, 2014 1:20 PM Author: bearded field A legit tenant, in spite of the rental agreement clause expressly prohibiting it, advertised for a tenant to occupy one of the downstairs bedrooms. Asshole moved in and paid her one month's rent and then stopped paying her rent and refused to move out.
He's been freeloading there for months. Legit tenant is moving out now, so she told me this for the first time.
Technically, still need to file unlawful detainer suit for an illegal subtenant, but seems a lot cleaner to just change the locks and chuck his stuff in the yard.
Theoretically, asshole would have a possible suit for illegal eviction, including $100/day for time evicted. But is a court really going to award that to some tweaker criminal with unclean hands? |
Date: September 1st, 2014 1:27 PM Author: balding excitant crotch box office Its not tweekers fault that tenant broke your agreement (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26247452) |
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Date: September 1st, 2014 1:29 PM Author: bearded field Well, living there for months without paying rent, and not intending to pay rent in the future, is his fault. (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26247467) |
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Date: September 1st, 2014 1:32 PM Author: balding excitant crotch box office so take action against him (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26247480) |
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Date: September 1st, 2014 1:33 PM Author: Sickened Roast Beef She expressly violated lease agreement. Evict them both and bring suit for costs against tenant. You will have to consider whether the suit for costs will delay the eviction proceeding, so you may want them to be separate suits. (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26247486) |
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Date: September 1st, 2014 1:32 PM Author: Sickened Roast Beef Yes, go the legal route. You should also require your tenant to pay for all costs associated with it.
You were taken advantage of here and have a claim against tenant. If you assist with an illegal eviction you are screwing yourself. |
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Date: September 2nd, 2014 8:43 AM Author: bearded field LOL, so much for cautious lawyer shitlib tactics.
I went there with 3 other guys and moved him out. Anti-climactic.
This is a normal guy, not some 1L dweeb. He knows he's in the wrong, and when he gets called on it, he thinks, "Well, I got away with it for pretty long," not "I shall consult my favorite hornbook to ascertain my optimal remedy." |
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Date: September 2nd, 2014 8:44 AM Author: Sickened Roast Beef Awesome. Hey do you have his contact info? Asking for a friend. (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26252297) |
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Date: September 2nd, 2014 11:48 AM Author: Turquoise love of her life (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26252799) |
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Date: September 2nd, 2014 8:51 AM Author: Fear-inspiring swollen personal credit line lol, this is the same thing that happened to me when i told xoxo about that taiwanese guy that insisted that i scammed him and owed him money. they were saying that i was going to get fucked. i literally just ignored him. i saw him multiple times because we lived in the same neighborhood and he never did shit even though he knew where i lived. xoxo advice is cautious as fuck. i didn't scam that guy and i made him a decent profit. just not as much as he thought he deserved. when people know they're wrong, they aren't going to push it. it's not worth it for them. (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26252306) |
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Date: September 2nd, 2014 8:57 AM Author: Fear-inspiring swollen personal credit line what would they have you do? file a complaint? against some deadbeat? depending on your state, it might take months more to get the fucker out. and you're not going to get any "costs" from some deadbeat even if you get the judgement. and he doesn't have any money or sense to go after you for illegally evicting him. guy probably has warrants out for his arrest. he's not going to court. xoxo advice is ridiculous, especially considering that we have actual lawyers here. (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26252316) |
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Date: September 2nd, 2014 11:46 AM Author: racy insane masturbator Cr (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26252790) |
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Date: September 2nd, 2014 12:01 PM Author: dun lascivious trailer park CR. It's kind of amusing that a cesspool like this would be so risk averse. Ask any kind of business development question about taking on a new client and tons of people will chime in about "oh the ethics!!" "conflict of interest" "not worth it.. could get malpractice pwned" etc etc (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26252864) |
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Date: September 2nd, 2014 12:44 PM Author: racy insane masturbator "Thanks." (http://www.autoadmit.com/thread.php?thread_id=2662715&forum_id=2#26253058) |