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xandrom

Registered: 04/21/09
Posts: 56
Reply with quote  #1 
I have a tenant whom I refused to renew her one year lease because she was behind in the rent.  After vacating the unit, I discovered that she literally trashed the apartment.  So I will be suing her in small claims court.

I should say that my property is located in Southern California and there is no rent control.

Here is my question.  This same tenant comes back and visits another tenant of mine.  I of course don't want her on the property at all and certainly not inside another apartment visiting one of my other tenants.

Can I demand that she get off the property----do I have the right as a Landlord to order her off the property?  And if she refuses, can I call the sheriff and ask them to escort her off the property?

Thank you.
Xandrom
OHIO_LL

Registered: 05/27/12
Posts: 4
Reply with quote  #2 
if she's visiting your other tenant, you may not have the right to 'remover' her out of your property. your other tenant have the right to have visitors in their home.
Marytmary1978

Registered: 12/09/11
Posts: 447
Reply with quote  #3 

I will disagree with OH landlord on this one.  One of the few times that I have.  I had a similar situation.  If the prior tenant maliciously damaged your property, and you have a concern about the potential of damage again-- you can give her a "No trespass" notice.  I had to do this with one of my ex tenants-- and did have an arrest made when it was violated.  It held up in court.

 

 

OHIO_LL

Registered: 05/27/12
Posts: 4
Reply with quote  #4 
Marytmary1978, thanks for the info., maybe it's just our cops here where I live, but I complained about an ex-tenant (not mine, they were evicted because we bought the place and didn't want them as tenant) to the police and they told me if a renter of ours invited him in their home ... then I'm SOL until such time they actually do damage to the property. Yes, they trashed the place before they left. 
Charmed

Avatar / Picture

Registered: 11/27/11
Posts: 370
Reply with quote  #5 
In my leases, I have a clause that says that the tenant is responsible for their guests and any damage they cause.  So you could give a heads up to the other tenant that if that "guest" damages the unit, the tenant will be on the hook so she might want to think twice about inviting her over.
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #6 
Mary, Charmed,  OHIO LL is not the same as OHlandlord.  Different person.

Unless you evicted the tenant, you will be unable to bar him/her from the residence.  Had you evicted the tenant, you could keep her from the property based on the fact that a court had legally removed her.  But you only asked her to leave by not renewing the lease.  The damage to the property is a civil matter, unrelated to any eviction.  You have not yet proven this damage in court.  The OH courts will not allow you to bar a person that a tenant invites as their guest unless you have a legal reason.  Since the property in question is in southern CA, a tenant friendly area, my guess would be that they would trule similarly.
Marytmary1978

Registered: 12/09/11
Posts: 447
Reply with quote  #7 

Thnaks for the clarification-- and you are correct- my ex tenant was evicted-- and my attorney gave her a "No trespassing" as well.

KristinWard

Registered: 12/07/11
Posts: 12
Reply with quote  #8 
You could warn the tenant that they will be responsible for the damage but there may be issues if your former tenant damages something outside the apartment. If you want to keep the person out your are going to have to take steps to have her legally removed, since you didn't evict her. 
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averispmcorp

Registered: 07/13/12
Posts: 1
Reply with quote  #9 
You can not have her removed from the property as she is your tenant's visitor. You can coordinate with your tenant and let her know of the consequence if this tenant damages the apartment he/she is renting. If the damage is not within the property that this tenant is renting, it will be a different story.
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