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littlebird2

Registered: 10/25/09
Posts: 5
Reply with quote  #1 
I stupidly let a young couple move into my rental house the evening they came to look at it. They had just drove in from back east and needed a place. They seemed so nice and  I trusted them to keep their word and didn't even write up any agreement. The house needs a lot of work and the man said he knew construction, had tools and agreed to work 60 hours a month in exchange for the rent of $600.00. I told him there would also be work at my house next door. He started out pretty good but then I had to leave the state for a couple of weeks because my Mom died. All they were suppose to do is take care of my pond and fish and water all the new garden plants I had just bought. I came back to a bunch of dead plants that they claimed they watered, a burned out pond pump, broken filter, all the pond plants and things to aerate the fish water had been removed from the pond. When I asked him about it that's when the first blowup happened and he has
become the tenant from hell! He won't work and claims he is ahead on his hours but he is not. He did a lot of things for himself  (scavenged free furniture from trash bins) but not much work for me. He has gotten verbally abusive with me several times and is trying to tell me how it's going to be around here as if he is the boss. The girl is nice but is only 19 and love is blind.
Are there any ways to get them out right away being that there is no rental agreement in writing and it was a trade for work? I really need help on this. I can't believe I was soooooo stupid!

Thanks for any advice
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #2 
This won't be very quick, I'm afraid.  But what you need to do immediately is to give them a written notice that they have 30 days to leave.  Address the notice to him, her, and the phrase "and any others".  You need not give any reason unless your rental falls under rent control laws.  The notice should only state that you are terminating the tenancy, that they need to be out within 30 days, and that they need to return the keys to you by xx/xx/xx date (30 days in the future).  The notice should also state that you no longer authorize him to do any work on the house nor will any credit toward any rent for this work be issued beyond the date of this letter.  CA is a literal day state so you don't need to wait until the 1st of the month to serve it or expect them to stay until the end of next month.  Just hand them the notice with a witness to prove you gave it to them.  Make sure you keep a copy.  Walk away and do not speak to them again.  But don't expect them to leave!

If these are the professional tenants I believe them to be, their next move will be to claim the unit has mold, is uninhabitable, or to complain to the building inspector that the house doesn't meet code.  If this happens, run, don't walk, to the eviction court when it is in session.  Watch to see which attorney seems to know his stuff and hire him to get these deadbeats out.  You want to find a experienced eviction attorney - not a real estate attorney who occasionally does evictions.  This is the quickest way to find him.  Hopefully he will be a flat rate eviction attorney.

If they don't do any of these things, I (and you) will be pleasantly surprised.  But I still bet they won't leave.  If so, the next step will be to file the eviction with the clerk. 

In future, NEVER authorize any tenant to do work for rent for several reasons. 
  • They often don't do the work but still expect the credit.
  • The work is often poor quality.
  • Hiring the tenant like this opens you to lawsuits if he is hurt doing it.
  • If the work affects habitability or building code, guess who is still responsible for it being done - you!
  • This allows the tenant to later claim you rented the unit to them in uninhabitable condition.
  • You can't charge him for damages when they move out since there isn't a move in condition inspection.

MOON

Registered: 09/17/08
Posts: 577
Reply with quote  #3 

I WOULD START CONSULTING WITH ATTORNEY'S NOW, MOST WILL NOT CHARGE FOR A CONSULT SOME WILL CHARGE BUT APPLY IT TOWARDS THE EVICTION IF YOU HIRE THEM. BUT LIKE OHIO SAID, GO TO COURT & START TO GET IDEA WHO THE BETTER ONES ARE. I WENT THROUGH SEVERAL ATTORNEY'S - NOT ALL ARE GOOD AND MAKE SURE THEY DO A FLAT RATE - YOU WILL BE SURPRISED HOW MANY DIFFERENT OPINIONS YOU WILL GET, THEN YOU SHOULD REPORT BACK HERE TO TELL US WHAT THEY ADVISED YOU TO DO - OHLL WILL LET YOU KNOW IF THEIR ADVICE IS SOUND.  I DO NOT LIKE THAT THEY ARE NEXT DOOR. MAYBE YOU SHOULD CHECK WITH THE POLICE TO SEE IF THEY KNOW THIS GUY, IF HE IS VERBALLY ABUSIVE AGAIN CALL THEM & GET IT ON RECORD.

littlebird2

Registered: 10/25/09
Posts: 5
Reply with quote  #4 

Thank you so much OHlandlord and MOON for your help.
Well.... yesterday after he gave me some more crap I decided to take back the things I lent them. He wouldn't agree and said I had to call the police...so I did... hahaha... The officer and I went in to get my bed, refrigerator, TV and table. The tenant was shocked that I could do that. He said he would keep clearing the backyard of trash if I would please let them stay for 30 days. I said be out in 10 days and I will let you use the fridge and bed. They agreed, but he has lied so much I hardly believe him. The one good thing is the girl is a nice person, only been with this guy for 6 months. Even though she is sticking with him she wants to get out and just end this crap. She has registered to go to Cal State Bakersfield and wants to move forward. The guy is a 27 yr old cocky know-it-all with a bad temper and thinks he can intimidate everyone to get his way. I don't think they are professional tenants. I think they just needed a place and now the guy doesn't like the work. Thinks he's worth more but yet can't even get a job.
One more thing....this is gonna crack you up.... I don't even know their full names! Do they have to give me their full names at this point? Can't file without names. I have no rental agreement with them. I would like to just try to intimidate them and be nice at the same time just to get them out. I did that with the last jerk who was just like this guy only younger. They were a married couple 19 and 16.....geezzee. I keep trying to help these untrustworthy youngsters..... never again. There is a little more that happened when the police were here. I will tell you when it's all over.  
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #5 
You can ask for names, but I really doubt he's gonna cooperate.  You can file to evict without them. You only have to issue the written notices in the names of "Occupants John Doe, Jane Doe, and all others".  This indicates that you do not know the names of the occupants.  Or you can issue the paperwork in the names of "Occupants Joe and Mary (last names unknown), and all others".  You need to seek the advice of an experienced eviction attorney. 

No, the girl isn't a professional tenant.  The guy is!  He has no job, talks his way into places without paying any funds, promises anything a LL wants to hear, even to the point of getting you to leave furnishings in the unit by promising to complete work (which you fell for!).  He has probably been doing this since he was 17 or 18 yrs old.  I would bet he has never held a real job, lives off women's incomes, welfare, or benefits.

You need these people out now!  Quit speaking to them.  Issue the correct notices to get rid of them.  Contact an eviction attorney and get moving.  The longer you wait, the harder it will be to re-rent this unit.  You need to separate your emotions and feelings with this business of renting.  Emotions have no place in business.  Any and all decisions have to be made by industry standards and qualifications.  Get moving and quit letting people take advantage of you while you still have investment property.  If you continue this, soon the property will be so trashed that it will be completely worthless.

MOON

Registered: 09/17/08
Posts: 577
Reply with quote  #6 

ACTUALLY YOU ARE NOT CRACKING ME UP THAT YOU DO NOT HAVE FULL NAMES. ALTHOUGH A SENSE OF HUMOR IS AN ADVANTAGE IN THIS FIELD. DID THE POLICE OFFICER KNOW THE TENANT ? I THINK IT IS TO YOUR BENEFIT HE BACKED OFF WITH LAW ENFORCEMENT PRESENT. BUT IT ALSO TELLS ME THAT THERE IS A REASON HE BACKED OFF. IF YOU WERE TO FILE A COMPLAINT ABOUT THE VERBAL ABUSE ( OR ANYTHING YOU CAN THINK OF VANDALISM MAYBE.DON'T YOU NEED TO FILE AN INSURANCE CLAIM FOR YOUR DAMAGED LANDSCAPING WHICH YOU NEED A REPORT FOR & THEY WOULD BE QUESTIONED?? I DON'T KNOW JUST THROWING IT OUT THERE. THE POLICE OFFICER WILL HAVE TO FILE A REPORT & THEY WILL HAVE TO GIVE HIM THEIR NAMES. WHICH YOU CAN GET A COPY OF. I DO NOT KNOW HOW LONG YOU CAN INTIMIDATE THIS PERSON. HE IS EITHER A PROFESSIONAL TENANT OR SOMEONE FLEEING FROM THE LAW FOR SOME REASON. GET AN ATTORNEY SOON !! WHAT YOU HAVE HERE IS PURE POND SCUM, NO ONE YOU WANT NEXT TO YOU. 

littlebird2

Registered: 10/25/09
Posts: 5
Reply with quote  #7 
Yippee!!! They are GONE!!!  ***Doin the Happy Dance***

I got them out in 9 days. I had mentioned there was more that happened when the police came the night I called them. Well the tenant asked the officer how long he could stay in my house. The officer asked the tenant how long he had lived there. The tenant answered "about a month". The officer then answered 10 days. When he said that I was doin the happy dance inside! I knew the tenant had been in my house for longer then a month and the officer was wrong about the 10 days but the stupid con-artist tenant didn't know anything. He was just throwing out legal threats before. I was hoping he would not do more research on the subject and I said to him " OK you have 10 days and I'll let you use the bed and refrigerator ".... hahaha.... icing on the cake, how nice of me..... whew!  I just held my breath for 9 days and they were out. I don't think he wanted any trouble with the police, not knowing the police have nothing to do with evictions.

I lucked out with this one and the last one too so I am not going to push my luck anymore. I'm not going to do the "trade work for rent" thing. I'll just slowly get the house fixed up and rent it for money, to real tenants..... hey now that's an idea!....hahahaha...geezzee.
MOON

Registered: 09/17/08
Posts: 577
Reply with quote  #8 

You really did luck out here !! In my area the police just tell me this is a civil  matter - you need to go to court. It is very unusual ( in my experience ) to have a police officer tell a tenant they had 10 days to vacate. I think you had someone in serious trouble with the law & backed off from law enforcement, he must have been concerned bringing too much attention to himself. Did you ever see the movie Pacific Heights ? If not watch it, because you may not be so lucky next time. Please join a real estate investment association ( REIA) locally & attend a few meetings before you rent again...      

littlebird2

Registered: 10/25/09
Posts: 5
Reply with quote  #9 
Hi Moon,
Yes I have seen Pacific Heights....in fact, I was thinking about that movie when this problem started... how funny that you mention it.
The police didn't tell him he had to move out he was just answering the question the tenant asked him. ( How long can I stay here.) Then the officer looked at me and said "You should go down and file a complaint anyway just in case they don't move" I think the tenant may have had some child support issues back in Michigan but I'm not sure. They left the place a mess and he urinated on the floor, a piece of carpet that was in one room. Who cares...I just cut it up and took it out in small pieces. He probably figured that it would cause me a problem in getting it out with a big dresser on top of a large piece of carpet....JERK!... Between the two "work for rent" tenants I've had in the last 3 months I did get some work done but not enough to give up my house for. I'm not even going to rent that house. I'm moving my things over there so I can fix my house. The rental can be my vacation home...next door   ...hahaha... Neither house ever got finished being remodeled because my husband got brain cancer and died. He was a carpenter and drywall/texture guy. I think I will do some of the work myself. Less problems.
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #10 
Sorry to hear about your DH.  Sad.

But there's no reason you can't fix up the house yourself.  Do small things at first.  Take it one step at a time.  Move up to bigger things.  No more rent for work.  It never works out well.

littlebird2

Registered: 10/25/09
Posts: 5
Reply with quote  #11 
Thank you OHlandlord. Yes it was sad.

I can do a lot of the work myself. I just have to keep motivated and stop being so lazy or depressed or whatever it is I am. Maybe just overwhelmed. I don't know but I remind myself of a bump on a log....lol

Beverly
jonnstoffer

Registered: 08/02/12
Posts: 1
Reply with quote  #12 
Hi,My name is Jonn Stoffer and I amcurrently looking to work for someone in exchange for free rent.I understand that there are a lot of bad people out there who take advantage of others in these situations but I am really in a bind now and just need a place to live while looking for regular work.So Im hopeing that someone out there can work with me on this.Thanks for your time and I hope to hear from some one soon.bye. ps: you can contact me at ( jonnstoffer@yahoo.com  or  619-275-0077) There are a lot of things I can do for work like lawn mowing,painting or some light house keeping.
__________________
jonn wesley stoffer
OHlandlord

Registered: 01/20/07
Posts: 3,537
Reply with quote  #13 
John, I strongly urge you to remove your last name, phone number, and email from this forum.  This is a free, international forum.  You will not only get spam, and scam offers.  But you may get viruses sent to your email, your phone number sold to lists for sales calls, etc.  You're asking for proiblems.  Set up your profile to accept private messaging, and you will get notation a private message in the upper right hand corner of the page if someone wishes to contact you.  You can then privately exchange personal info.
nimue121

Registered: 02/11/13
Posts: 3
Reply with quote  #14 
Hi all.
I am a single mom, looking for a place to live.
My ex and i are divorced for over a year now & i have nowhere to live.
I am hoping to find a place where i can help out with house work & yard work if i have to for free rent.
I need to find a place before the end of this week.
Can someone help me out?
Please let me know.
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