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RubyPitbull · May 16, 2007, 08:20 AM

Acctggirl, I am so sorry you are going through this. No one needs this kind of stress in their lives. You and your fiancé should ask around and see if anyone has a good recommendation for an attorney. You need a real shark to handle this situation. Please keep us updated. Legally, we can't really help but we will try as much as possible to be emotionally supportive of you. :)

acctggirl · May 16, 2007, 09:44 AM

Thank you all for listening. We contacted some CA attorneys last night and they assured me that she is not a renter and that she does not have rights. They gave us some advice that we will follow this evening. Wish us luck. We are willing to even pay her first month storage rent as long as she gets out. We would only be out $100 or so. I think it's worth it. I did see that she posted an ad on craigslist saying that she needed a place "now" so that is giving me hopes!

RubyPitbull · May 16, 2007, 11:51 AM

I am sending positive thoughts your way! Let us know the outcome.

bladerunner13 · May 16, 2007, 03:22 PM

I would make sure the sheriff's department was present, if possible, when you move her stuff out, and I agree with Ruby, CHANGE THE LOCKS, now! I also agree with witnesses being present. She is a trespasser, not a tenant and definitely not a guest. Don't wait, and I would do this when she is not around, if possible, and make sure the locks are changed before she returns and the authorities are notified in advance of your situation. Good luck!

bladerunner13 · May 17, 2007, 02:54 PM

Originally Posted by acctggirl

I had someone answer our roommate ad (i am the owner) she needed a place bad but weonly told her she can stay in a different "extra" room until she found a place (I basically helped a homeless person) by 7 days she wanted out and we wanted her out too. we gave her until may 26 (over 30 days to find a new place) no money taken, no application, nothing. now she says she can not leave (she has no money) now she is threatened to report us for things she see that are unfit or legal (we have insurance etc) (that is a different topic) we are in california, can we remove her items from our house (at least to the driveway) w/o doing something illegal? please help. she is making us crazy ps she has not paid her car insurance/registration/smog etc (can i have her car towed from our driveway?)

I had a return call on my own situation from an eviction service who stated several times what a tenant at will is. Your 'guest' is a tenant at will, which means you can legally evict her. If there is no landlord-tenant contract or rent paid, the person becomes a tenant at will and an unlawful detainer can be processed. You have to serve her and give 30 days written notice to vacate. I'm sure your attorney has probably already advised you of this. Hope things work out, let us know!

acctggirl · May 17, 2007, 03:06 PM

Hello Friends, I Managed To Get A Hold Of Her Last Night. She Used Every Excuse In The Book When We Told Her She Needed To Vacate, " No Truck", I Told Her "i Had One Ready Sat Morning." Then She Said "no One To Help Her Move," I Said "we Are Ready Sat Am Even My 7 Yr Old Will Be There To Help, I'll Bring Bagels" Then She Said "no Place To Take Her Belongings To", Then I Said "no Problem I Reserved A Storage Unit In Her Name" Then She Said She Had "no Money" I Said "we Would Take Care Of The Truck And First Months Rent" (all Of This Is Under $100 A Small Price To Pay) Then She Was Left With No More Excuses, Before She Knew, She Was Signing A Letter Promising She Will Vacate The Premises And All Her Belongings And Return Her Key And Go With My Fiancé To Get The Keys To The Storage. So Wish Us Luck. I Think I See A Light And The End Of The Tunnel. Also She Said That She Did Not Want Any Other This Stuff As She "intends" To Move Out Sooner That Our Deadline, Well I Said "sign It Anyway, Then You Know If Something Falls Through You Can Have This...." This Was The Only Way We Could Get Her Stuff Out If We Moved It Ourselves. She Also Signed The Letter Saying She Give Us Permisson To Load The Truck And Take It To The Storage Unit. The Rental Agreement Is Under Her Name! She Just Signs And Picks Up The Keys.

Pray This Works In Our Favor!! I Even Tricked Her Into Giving Me Her Key So I Can "make A Copy" She's Been Frantic About That. I Have Not Given It Back. But I Think I Will Give It Back, She Was Running Down The Street This Morning Chasing Me To Get The Key. I Just Waved And Said I Was Running Late
Phew! That Was Scary

acctggirl · May 17, 2007, 03:12 PM

P.s I Do Not Want To Serve Her As She Will Know She Has 3-6 Mos Of Free Lodging Until The Courts Rule, Right? I Feel That This Plan Works. And I Will Also Have Karma On My Side. Even Though She Does Not Deserve Anything Nice To Her, But Maybe I Am Being Tested To See How 'mean" I Can Be And I Am Not Going To Fall For That Trick.

RubyPitbull · May 17, 2007, 04:00 PM

acctggirl! You have handled this beautifully! Bravo to you! You have painted her into a corner. Continue being nice and non-confrontational and follow through as you have planned. If this goes as smoothly as it did last night, you don't have to worry about retribution. Let us know how the story ends. :)

AKaeTrue · May 17, 2007, 05:56 PM

Acct,
That plan was brilliant! I really hope and think that it will work out for you.

And Yes if you have her served, you may have to wait months before she has to be out. It all depends on how far the courts are backed up.

Wishing you lots of luck!

acctggirl · May 17, 2007, 10:51 PM

Thanks kae and ruby for your support. Only a few days to go and we will be rid of her. Trust me it's hard to be nice, by the way I kept stalling about giving her back the key, she left notes and notes by my door all night and this morning to remind me to give her back the key, they we getting crazier and crazier, so I ignored her notes and left for work

I exited the bottom floor of the house then she started chasing me while I was driving. I called her later on the phone saying " i meant to make a copy but got all busy with my wedding plans "stupid me.. my bad" played that game for awhile,then tomorrow i will say it must have fallen out of my pocket. let me look for it or maybe i left it in my office." I had to say something like that to calm her down.

But I think as long as I have her signed letter.she could refuse to go to the storage,but then I have her "permission " on the letter stating that we can help her move,so if she calls the cops they can not do anything.

Oh by the way,when she was running after me this morning, she thought I was going to take the car the was in front of hers so then she knew I would have to ask her to move her car so I get out, then she would have the opportunity to demand the key back, but I planned to take my fiance's car that was parked the street on purpose ,so she was probably looking out her window. I heard her calling for me but played the I did not hear,so because I threw her this curve ball with the car she must have forget to wear a jacket or something because I saw all these slashes all over her arms... not cats scratches either, definitely self mutilation here. Sick!

RubyPitbull · May 18, 2007, 05:33 AM

Yes, she sounds like a deeply disturbed woman. Keep avoiding the key issue. By tomorrow morning, it will be a non-issue. You may want to consider changing the cylinder on the lock that the key fits, just to be on the safe side. Do it after you have completely moved her out. If you can, call a locksmith today and see if he can come over to do it tomorrow afternoon. Or, if you or your fiancé are handy, you can go to a hardware store, pick up a new cylinder or lockset, and replace it yourselves, depending on what type of set you have on that door.

AKaeTrue · May 18, 2007, 09:52 AM

I would avoid giving the key back to her like you're doing and Ruby suggested
Changing the locks too which I think is a good idea.

I learned a lesson the hard way long ago because I too had compassion for those less fortunate than myself.
If someone who's in need is offered a hand up and they choose not to use it as an opportunity to better themselves,
They are just looking for handouts and suffering in their misfortune because of their own wrong doing.

You're handling this remarkably well!

How long until you move all her stuff out?