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?
Not for nothing, but they should have gone to the police about the fraudulent cable account----that's identity theft & it is a felony. Your mother wouldn't have been charged a $500 cancellation fee if they did this before they cancelled the account, either. She would have had to file charges against him, which is what she should have done.
Another thing is this: Is there a written lease agreement? If there isn't, your parents can do whatever they want. They can throw the guy out today & he can't do anything about it.
Don't be afraid of this guy or the system. Even though the system may seem to protect the perpetrator, if your parents throw the guy out, it will take a while for him to get a lawyer, file a lawsuit, have a judge rule on a motion, etc. He probably can't afford a lawyer anyway. Throw him out & worry about it when you have to cross that bridge.
Good luck and God Bless.
The family have to follow the protocols of a landlord evicting a tenant. The family had to issue an eviction notice and post it on the nanny's bedroom door. The law protects tenants from being locked out of their apartment in which the landlord keeps all that's locked inside. The law protects the tenants by giving them time to find another apartment. Therefore, don't assume that this is going to be a quick solution. With regards to the family who hired a live-in nanny, the court ordered the family that they cannot lock the tenant out of the house, prevent access to the bathroom, disconnect the power, etc... Therefore, the wife has literally padlocked the refrigerator so that the nanny tenant cannot have access to their food, locked away all the shampoos, soaps, toilet tissues, clothe soap, etc.... The nanny has been dragging this for SEVERAL months now. This nanny also knows the California law regarding landlord/tenant - and this is not the first time it has happened.
I think, because your elderly parents are involved, it's a very good advice for family members to move in to keep an eye on your parents. Most importantly, find a good lawyer who understands the landlord/tenant law so that they can help your parents most efficiently.
California landlords seeking tenant eviction must file an unlawful detainer lawsuit in Superior Court. Unlawful detainer suits are summary court procedures, meaning they move quickly. Once a California landlord files, a tenant usually has five days to respond to the landlord's summons and complaint. In California, if a tenant disputes a landlord's unlawful detainer suit, the presiding judge will usually set a trial date within 20 days, deciding for or against the landlord. As per homeguides.sfgate/tenant-not-leave-30-days-notice-41499.html.
Since the cable was opened in your Mother's name, she can very easily cancel it.