My parents, who are in their mid 70's rented out a room to help them pay for their bills and their mortgage payment. They didn't do a background check on the renter and we now found out he's an expert on not paying rent and working the system to stay as long as he can rent free. This will be his 4th unlawful detainer served to him. He steals my parent's food, yells at my parent's everyday and has even opened a cable account using my mother's social security number under her name. I called the local police and an attorney. They said if they call to report he threatened my parent's or file a restraining order, they cannot remove him because it's not a domestic case and the judge will probably tell him to stay a few yards away from my parent's while being in the home. The court system can take up to 9 months. Can anyone have any ideas on what I can do to take this crazy guy out of my parent's home?
Sorry to say, but don't waste your time with the police because they are too busy and don't waste their time with what they consider petty cases. Go straight to the D.A.'s office: http://manhattanda.org/resources-victims-elder-abuse
Again, identity theft is serious. If your attorney tells you "no" or "don't bother", do it anyway. You know the old expression: "the squeaky wheel gets the oil"! Make LOTS of noise!!! Let this person know you are not stopping and if they think there is a possibility of "jail", they will eventually decide that leaving is better than a jail sentence! Good luck to you and just keep making "noise"!!! If you go to the police and file a complaint, make sure you get that copy of the report. Document every phone call, every person you spoke to, every letter you write, etc. Have your parents make an appointment with the D.A.'s office and make sure a formal report is filed. Keep it up until this person gets the message you are not going to stop. Once you get "Elder Abuse" and the "D.A.'s office" involved, the judge will push forward because . . . . let's face it . . . . they are "elected" officials and want to maintain those brownie points. Do you think a judge is going to want to take on Elder Abuse? I don't think so! Best of luck to you and remember . . . . document . . . . document . . . . document!
In my eyes the only 'right' the bad guys have, if they're in my house, I know they're dangerous in more ways than one and want them out, is the 10 seconds they get to run for the door before I blow their knee caps out. I have about as much tolerance and mercy for these types as I have for cockroaches when they show up.
The cost is around $10.00 for each credit bureau.
I need to proof read and not be in so much of a hurry :P
Freezing credit is simple to do, just go on each of the top three credit bureau websites and find "freeze your credit" and fill out the necessary on-line paperwork. The cost is around $10.00 when I did that last year.
Anything you need your credit available, such as getting a new rental apartment or buying a new car, you can *unfreeze* your credit for a small fee, and then refreeze it.
I learned that from Clark Howard, who use to have a weekly TV show about finance. His website is still active, just put .com after his name.
It would be helpful if they actually had a burly male relative or acquaintance who could be produced to play the role of the nephew.
Send the tenant a letter informing him of this by registered mail and set a date for him to be gone. If he starts yelling at your parents, call the police and have him charged with making terroristic threats.
I don't think the OP wants to end up on Dateline NBC about murdered parents. Not trying to be dramatic, but you don't play cat and mouse with someone like this.
Rocknrobin, you have the right idea. Do it in one day and press charges against him to avoid any chance of him being let back in. As one poster pointed out the police were "dropping hints" to press charges against her nephew otherwise he was going to be let back into her home.
This needs to be done quickly, no time for long drawn out procedures. I wouldn't be able to sleep if this had been my parents with someone in their home like this.
He needs to go!
Janet1999, is there a written lease between your parents and the tenant? What is the break lease clause, if any?
My suggestion is to move your parents out of the house and have them live with other relatives or friends, and put all their household goods into a storage unit. Then call in a Realtor to put the house on the market For Sale, assuming there is no lease, otherwise the new owners will have to honor the lease. The electric and water have to remain on. With no food in the house, the tenant will decide it is time to squat elsewhere.
It will be expensive, but a lesson learned to screen the tenant.... with my rental properties I always used a Realtor to find my tenants and everyone was great. Shady people won't go to a Realtor to find a room to rent in a house, because they need to have good credit background check and good recommendation from their current or past landlord.
I know you can't cry over spilt milk but it alarms me to see people in their 70s still having mortgage payments. Maybe time to look at downsizing. And for God's sake do a background check. I mean they couldn't find a nice young lady just out of college with her first job to move in?
Tee-hee-hee. But not the sort of thing I approve of, of course.
Best wishes
I was so worried that we would be in such legal trouble but they were out in 2 days and never heard from again.
THROW ALL OF HIS STUFF OUT ON THE CURB AND CHANGE THE LOCKS. Enough with this persons rights. He can't afford an attorney and his biggest problem will be finding another sucker. That should keep him busy.
"Falsely Personating" Another
Anyone who falsely impersonates another person with the intent to obtain money or other types of property also commits a crime in California. Falsely impersonating another is punished as a larceny offense. This crime is either a misdemeanor or felony offense, depending on the value of the stolen property.
(California Penal Code section 530)
Elder or Dependent Adults
Someone who commits identity theft against an elderly or disabled adult in California faces more significant penalties. Additionally, caretakers who are responsible for caring for an elderly person or dependent adult face tougher penalties if they commit identity theft against that person.
(California Penal Code section 368)
I'm also a big fan of katiekat2009's reply!