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excon · Apr 22, 2009, 08:28 AM

Hello again, B:

Nope, it won't help get him out any sooner because you can't prove he's stealing anything... I would call the cops though.

But, what is this 60 day thing??

Frankly, I think you need a lawyer to do this for you. California is tenant friendly, but I can't believe they require 60 days to evict... Nope, I don't believe it.

excon

excon · Apr 22, 2009, 08:32 AM

Hello again,

Here's the deal. You need to do some addition... Add up how much it's going to cost you to let him stay and steal from you, for however long this thing is going to take, and then add up how much you can be sued for if you illegally evict him.

I think you'll be dollars ahead if you MOVE him out, and change the locks - TODAY.

excon

ScottGem · Apr 22, 2009, 08:47 AM

The first thing you do is make a complete inventory of everything in the house. Take a tour of the house with a video camera and do a narrative of everything. Also make sure everything is tagged with an identifying mark.

Tell him is anything else turns up missing you will have him arrested for theft. You might also think of moving valuables out of the house or into a storage locker.

The following are valid reasons for a 3-day notice:

3-day Notices

A landlord can use a written 3-day notice (eviction notice) if the tenant has done any of the following:

Failed to pay the rent.
Violated any provision of the lease or rental agreement.
Materially damaged the rental property ("committed waste").
Substantially interfered with other tenants ("committed a nuisance").
Used the rental property for an unlawful purpose, such as selling illegal drugs

It would look like the 3rd point would help you, but you would probably need proof of the damage, which is where the video tape comes in.

bricrys · Apr 22, 2009, 09:18 AM

Thanks for the answers, yes California requires a 60 day notice if they have lived there over a year. We are going through an evictions specialist, but he is kind of weird about just answering questions. He told me to get a police report and then we will see. As of proof, we already have it in a way because one the things he stole and sold was a paddle boat and we found out who bought it. So there is our witness.

excon · Apr 22, 2009, 09:49 AM

Originally Posted by bricrys

Thanks for the answers, yes California requires a 60 day notice if they have lived there over a year. We are going through an evictions specialist

Hello again, b:

Nope! I'd fire your eviction specialist. That's what WE are...

You're not evicting him because he didn't adhere to your notice. You're evicting him because he violated the lease. Therefore, you go to court TODAY and file your illegal detainer lawsuit. Hire a sheriff to serve him TODAY. You should have a hearing in a week or so, and he'll be given maybe another week to vacate. If he doesn't, you bring the sheriff to put him and his crap to the curb.

excon

ScottGem · Apr 22, 2009, 11:17 AM

Excon is right, if you have prrof he sold something that didn't belong to him, you file a police report, then file for the illegal detainer to get him out now.