All Forum Posts by: Daryl Luc

All states have squatter's rights.  They also have laws to remove squatters that are guilty of adverse possession.  Some squatters are not violating the adverse possession law, most are. If the owner doesn't want the squatter there, and didn't give permission, it's an adverse possession.  A bill with your name on it establishes residence and an attempt to prove permission. It's not a guarantee that you will get to live there. Your point?

California's Unlawful Detainer process is the only way to proceed now on the civil court side.  Get a local attorney familiar with this type of adverse possession. Holdover is just another term for a squatter. Still approach the prosecutor's office in case they find a reason to go after the guy....like he did this before.

Joe, I think you'll find that your definition in your advice is wrong.  Squatters in California law are considered criminal trespassers regardless of how they enter a building and subsequently occupy it...not tenants. There are steps that they could take making it more difficult to remove them and your idea of involving the person who signed the lease is a clearly valid step to take for the reasons you gave.  In addition, California requires a three day quit to be served on the squatters before filing the Unlawful Detainer. I would do both of these steps yesterday! The detainer filing will cause a snowball of grief on them and unless they can prove to a judges satisfaction that they have rights to adverse possession, they may be arrested for criminal trespassing (penal code 602 PC) as they are removed.  A misdemeanor capable of 6 months county and $1K fine, plus lawyer fees,costs, etc. each individual.  Usually much better to share that before bringing Louisville Sluggers to the party.

Consider that there are additional tools to mitigate that will give you more control in both good times and bad.  Assume that an eviction is $3k and monthly cash flow per property is an average $300.  Use your own  numbers, but what I just put here says that dealing with an eviction erases 10 months of gain.  We all have months of no income per....but after two and especially after three empty months, the carrying charge becomes a loss that will not be caught up.

Due diligence on the front end with background checks etc is a must, but consider a 6 month lease as opposed to the usual and customary one year.  At 6 months and a day, the lease falls over into month to month.  At this time, you still like the tenant and they are pleased with you.  We'll refer to that as plan a...no change in acceptance on the part of both parties.  Next, one of you is unhappy with the arrangement, location, train every night at 2 am, no pay, whatever.  At 6 months, the unhappy party gives notice to the other that they have 30 days to leave.  If it's the landlord giving notice, it's not an eviction, so no 3 day quit, no court, none of that.  If the tenant is still in the property at Day 1 of the month following notice, then they are called hangers on under the law and you should have in your lease a description of penalties for becoming one.  It's money charges per day and fully enforceable in courts across the country.  Before you go 'naw, ain't gonna work', I didn't come up with this, BL Sheldon floated this idea a while back here in the forum and I among others latched on an haven't looked back.  Search her posts and find it for much greater detail on why and how it's an improvement and how it benefits both parties.  Once in to month to month, if you want to raise the rent, you can do so without having to wait and presenting the new lease and falling on your sword trying to explain why it's good for them too etc.  Bottom line, tenants are tenants and do what they do, but you are given more freedom for less cost in controlling how your property is rented and to whom.

One more place for you to check out....Lake Erie Landlord Association website.  There should be a tab that takes you to currently available properties.

there are on line businesses that serve both landlords and tenants. Rentulations comes to mind, but is one of many.  Something to explore with these is to find one that a:has property that you would consider, b: does an online application for one fee, one time, and c: allows you to make the results available to you so you can provide access to any other landlord going forward.  I assumed from your post that you were looking at single family and the multiple fee, multiple applications, rejection process puts a mental and financial stress in play.  You keep putting skin in the game and keep getting no face cards.  Usually, but not always, the large apartment complex doesn't suffer the same issues since it usually turns out to be one and done. 
What part of Cleveland?

Just as some mortgage underwriters have announced raising their qualification metrics, I have followed suit. Previously, I didn't put into the listing more than there's an application process that included background and credit.  Now I post right in the property description FICO of 675 minimum, no bankruptcy, liens or judgements for 10 years, no arrests in past 5 years, income to rent of 3:1, references etc.  I don't state it, but any job that looks vulnerable could be a deal breaker.  I try to research the company prospects when considering someone.

Ejection is NOT eviction.  Eviction is reserved for tenants.  Ejection is reserved for squatters.  Squatters are criminals and not a protected class and the virus has nothing to do with anything.  Without a signed living arrangement with you that bridges past the closing, this person is clearly a squatter. Additionally, you have felony issues with this grifter in that not vacating the property under the terms he applied his signature to, makes a case for fraud, conversion of property and so on. If money changed hands, right now off the top of my head, there are at least four class three felonies being perpetrated.  March to the prosecutor's office for the jurisdiction of the property and pull the trigger.  He can quarantine in jail.

Well, I'm not sure where you got the info that your 'fee' was for information requests, in every instance it is usual and customary to book it as an administration fee that covers the process, time spent etc. Any vendor invoices for information requests go into a completely different 'column'.

In any case you seem ready to 'make a point' with this woman.  I suggest you move on.  Otherwise, you'll be faced with trying to prove damages, that can't be proven because they don't exist and even if you think small claims is a remedy, you'll be chasing a five dollar bill with a twenty.

I'm in Cleveland area, my guy I've used for the past 12 years.....full refinish (sand to apply choice of stain + 3 coats) $3/sq ft., sand and three coats no stain, $2.50, dress with light sand and topcoat and buff $1.25.  For 300 ft. he might charge a quarter more per foot, I never had a project that small.