[juliette21]

I have a rental property with an unpermitted addition in the back. The rental was leased to a couple of people who then let 3 other people move into this back addition without my knowledge. The original tenants moved out (thankfully) and I have rented the property to someone else. But the 3 people they let move into the addition won't leave! I don't know who these people are to even attempt to evict them. They were never rented the property, aren't on any lease, I don't have any of there names. Twice they have been arrested for having stolen property, but they always leave someone in the addition. I have called the police, but they say they can't do anything because these people are considered tenants. I feel they are just trespassers. What can I do? By the way this is in California

[AK lawyer]

If they are in possession of the premises, why not just go there and ask their names? The police concluded that "they are considered tenants" without obtaining names? Peculiar.

If they won't tell you, serve them with a notice to quit and then, when the notice period has expired, institute an eviction action, reciting that you don't know their names.

[ScottGem]

If you know they were arrested then there should be a police report. That report should have the names.

I'm assuming you are an absentee landlord which is why you can't just ask. In that case I would hire a process server to serve them a notice to vacate within 30 days. If they don't vacate, then you may be able to file a John Doe eviction notice.

But the police are correct, these people have established residency which is why they need to be legally evicted.

[twinkiedooter]

Don't they pay any rent at all but just live there rent free? It was your own oversight to have the illegal addition put on in the back of your home in the first place. If and when you ever do get them to leave you need to pull the proper permits and get that additional legal with the county. They more than likely will "catch" you the next time they send out a property appraiser from the County and end up fining you good.

You need to pull the police report and get their names and do a formal eviction after posting the proper 3 or 10 day notice to leave the premises. And when you do go to court for the eviction proceedings be sure to get the priceless Order of Removal signed by the Judge. This way the police can legally bodily remove the squatters. Otherwise these critters CAN chose to just keep staying as an Order of Eviction cannot be handled by the cops to make them legally leave the premises. Just one more piece of paper but a very important piece of paper as these critters probably already are hip to the Order of Removal and won't leave home without it.