Thanks for the info guys, please keep it rolling, I'll check in the morning.

I'll make a friend drive way the hell out there and deal with this if a personal presence is required, but in the mean time I'll have both myself and her get the Sheriff moving.

Cut power and water. Most states have laws that render a dwelling uninhabitable if it does not have running water.

riddle me this, entirely hypothetical asking out of curiosity: some idiot loses control on the road and plows through the garage while thankfully no one is in it-
he doesn't have the money to pay the damage
grandma doesn't have the money to rebuild.
would grandma required to build another shelter for her nonpaying leech?

Incidentally, OP, I am not a lawyer. But if your grandmother's garage is attached to the house and she has full access to it, then what I am reading in Cali law tells me that her squatter is likely able to be considered a 'lodger,' and not a tenant. Three days' notice of rent default followed by 30 days of noncompliance makes him a trespasser the same as any other and he can be removed by the police.



Have her contact her lawyer friend and check into this avenue of removal.

Who do you think has more resolve, a 96 year old lady or a parasitic thief? I highly doubt she's up for the fight. She's 96 dude.

Still, someone needs to RIF castle law a little more thoroughly.

 

If the "renter" was threatening or harassing your grandmother; what would it take to get a restraining order; like no closer than 500 ft.???
Is it legal to tape conversations where she lives if this is going on?
Is there any proof that he paid rent to her?  Maybe he was just a "guest" and not a renter?
How old is the scumbag?

This.

Renters can't rent a non-habitable structure....


Same if there isn't a lease...


If that is the case, play dumb.  He is a squatter

Subtlety.You has it.

I've been wanting to use this pic,  thanks for not dissapointing me.  

and his lack of paying should void that agreement
all these stories about how hard it is to evict people is one reason why I'm glad I decided against getting a duplex and renting half of it when I was looking for a house

and this reminds me of Pacific Heights

Your right. But that would also make his grandmother homeless.

I feel for you, My grandma is getting up there, and i too am way too far away to be able to deal with some of the situations she runs into, albeit much less stressful than this must be.

Keep a cool head, don't do anything drastic, and take some of the advice posted above. Every state has their own laws on hold over tenants, squatters, etc.

Contact the BAR association for the state she is in. They can help you find an attorney, and most do a free consultation. You might even find one willing to help you pro bono.

If your willing to do the research, most county's have decent online references for these things, and quite a few have a local housing authority you can contact directly to find out the exact laws regarding this situation.

Well it doesn't. And "all these stories" are like bad cop stories- for every one there's 10,000 non events.

 

It's a shame that your grandma is too scared to do anything to fix the electrical system.  

Undo a wire to the breaker(s) for the garage and put a lock on the panel.  Just leave the breaker closed and have it look like the wire came loose because it wasn't properly installed.

She hasn't called the power company and gotten services turned off (which is often an illegal eviction tactic).  Now she's just an "incompetent" landlord and that's why the tenant doesn't have power.  If the tenant breaks the lock on the panel to fix the breaker back then call the police and have them arrested for vandalism.  Just setup a video camera to catch them in the act of breaking the lock.

It's not always that hard.

I lived in an apartment while I was attending law school in Miami and they decided not to renew my lease and I fought it.

30 days later, I was out.

First case I lost, lol.

Chris

Did he stop paying rent because he developed a drug problem?
Has someone witnessed him buying/selling/using drugs?
Could some drugs have somehow made it into the garage?
When the police arrive, does the law in your state allow grandma to give consent to search the garage?

On the lighter side, if your grandma is a tough old broad like mine,
Have her call the cops and say the guy sleeping in her garage just came into the house and asked for some cream for his coffee, then flashed her. Make sure she says it was the tiniest funniest thing she has ever seen.

BUT that she feels threatened and can't sleep at night.

Regardless of what you do, start the process now. It will take longer than anyone involved is comfortable with.

Man its easy to pick out the people who have ZERO experience with renters. Throwing their stuff out, randomly changing the locks, calling the cops about "trespassing", turning off the utilities, etc. Not good options. Some of these will land you in hot water quickly. It's a really crappy situation. In a lot of ways, renters are given WAY too many rights and privileges. You need boots on the ground, its going to be hard to do much being that far away. At some point, I would think a trip to small claims court is on order for back rent.

If he's getting the water and the power lines from the house, is there anything under CA law that prevents the water and power shut off to the scumbag?

This.

Get the TV channel's "problem solvers" involved.  Get the story out there to local newspapers.  You should be able get some sympathetic local people involved via the free publicity.  At least someone may be able to follow up on the legal action that may have or may not have been initiated.  This could help get you some answers to find out if you are fighting "time" due to the legal system or an incompetent "lawyer friend."

Best of luck.

And walk around inside the apt nude.......................  all the time.  

Dontcha know any bikers or Sicilians???

Start car, leave running in closed locked garage. To bad grandma is sorta forgetful or took Ambian that evening.

I don't have any good advice other than proceed with caution and seek good legal advice. I understand this is in Kali?  

Anecdotal ref is a friend of mine who was bankrupted by a similar set of circumstances. He bought an investment property in S Kali and then rented it with the written agreement that he could have access to perform work. Never happened....the renters occupied it and changed the locks. It took him over two years to get then evicted and they never paid a dime of rent.  Salient is that he turned off the utilities and they sued him....and WON.  

He was forced to turn all utilities back on, under threat of court order, and paid these bills as well for over 2 years.  After it was done he lost about 200K in rent, utilities and damage they did to the home. Not a princely sum but we were kids and he had saved this money up to start his life as an entrepreneur. This truncated that dream for a while...

Just proceed with caution and help your Grams out as best you can. The police are already involved which means certain options are now closed. This is what the 99%'s are all about....

Turn off all utilities to the garage?  The problem should sort itself out over the winter.

Rent was paid at one time = contract in place; either a verbal one or a written one.  Documentation of this paid rent (cashed check) is proof of said contract.

Currently rent is not being paid.  File a Complaint in Summary Ejectment in the local small claims court.  Usually costs about $50.  Court date is set and notice is either posted or hand delivered to defendant by the Sheriff.  Date of court you tell the judge/magistrate that defendant has failed their contract in that rent has not been paid in the amont of $_________ (prorated to the day of the court date), nor have they paid any late fees (as determined by your State Tenant/Landlord laws).  Evidence of said contract is (present cashed check or other evidence of previously paid rent).  If tenant is present, they get an opportunity to defend.  If not, automatic judgement in your favor.  Judgement will be possession of the premises and (if notice of court date was personally delivered by Sheriff or if Tenant is present in court) a money judgement (useless but does go on their credit report).  After a set amount of time (as determined by your State Tenant/Landlord Laws) and tenant has not moved, you file a Writ of Possession with the small claims court.  Sheriff comes out and evicts tenant.  Disposession of property left behind is also in your State Tenant/Landlord Laws.  Some states require it to be stored for a period of time, some require that all possessions are taken to the curb on the day of the eviction.  If the later is the case you'll need someone to help as the Sheriff usually will not do it.  

Make sure Complaint in Summary Ejectment lists the lease holder and all other occupants in the dwelling (either in name or "and all other persons dwelling within").

I'm not current on your state's Tenant/Landlord Laws but you could find a nearby apartment community and talk to the Property Manager.  Most apartments do this themselves all the time and should be well versed on the particulars of the eviction process.  Many now days use a legal service to do it for them for a nominal fee ($125/case in Charlotte for example) and they might be able to help you as well.  

In some states, the above process can take weeks, others months so be prepared.

Wrong bad advice.  Do you work in a gun shop?

Go over there and take care of business.  Put him AND his shit in the street.
Take care of your family, especially when they are old and helpless.
I seriously doubt you'll do any time over it, other than maybe a night in the local lockup.  First offense Simple Assault- you're probably looking at a small fine and some community service.  Maybe a little probation if the prosecutor wants to be a dick.  Small price to pay, considering that Granny is living in a prison environment in her own home EVERY DAY.
And no, it has nothing to do with being a badass.  It is just about taking responsibility for your loved ones, and doing what is RIGHT.  
Someday, when you see Granny surrounded by flowers and organ music, you'll wish you had stood up for her.
EDIT:  The above in no way suggests or advocates assault on the person of said squatter.  It was intended only to explore the possible penalties in the event that reasonable self defense measures were to become necessary.  (While carrying his shit to the street.)

I would turn off power and water to it if he doesn't pay up back rent/bills give him a eviction notice.

DO NOT
-turn off power
-turn off water
-"convince" them to leave with your Size 10 Jungle Boots

Do
-let the courts and the Sheriff's office handle this

If you try extra-legal actions to attempt to get them to move against their will, they will wind up owning your Grandmother's property and she will be the one looking for a place to live.  I've been in the business since 1989; trust me on this.

Dude....a squatter???

Don't post about it, don't get the cops involved.

JUST TAKE CARE OF IT!!

I think I'd take the guy out to the desert and make him lie down.Then I'd draw his outline in dirt.Then I'd give him a shovel and make him excavate the outline to a deptth of 5 feet.Then I'd ask him how long it would take him to pack up and move.

A friend of mine that had a number of rental properties would at times run into someone that was not willing to pay up or move.  In order to turn the property and get a paying tenant in he would go over, knock on the door and explain that he was willing to part with some cash for them to vacate.  While it did not work every time it did manage to get a goodly number of them to pack their crap on the spot and vacate.  Sums generally ran $500-1200.

Big shitty thinking strikes again!

In most areas I would say that if it is a garage with no plumbing then you cannot take up "residence". That would be like claimin residence in a tent in her backyard. Therefore you would not have to thru an eviction process. Might even be able to get code enforcement to throw him out for you.

Buttstroke as needed.

LOL, I don't blame neighbors for being unsympathetic. No offense to you and yours but if my a$$hole neighbor let someone move into their garage then I would be unsympathetic too when they started having tenant issues. Nothing like bringing down those property values with a few homeless peeps squatting in the hood. Way to go neighbor.

Make sure to check your state laws. Illegal in a lot of states to turn of the persons water even if they haven't paid rent in months. It would get you arrested here.


Cops will show up and leave without doing anything other than referring you to the office that handles evictions.


In a lot of states, yes, they still have rights.


Doesn't work like that in all states. Here we would refer you to Landlord Tenant Court to start eviction process, even if they just showed up and starting living there without your knowledge.

I know a landlord on Long Island who had a non paying tenant in one of his commercial properties and it took him years to get her out.

No lease, no proof he is a renter.  If he's gone, his stuff is abandoned.

Doesn't work like that in all states.

Remove the doors.

Also illegal in a lot of places.


This.
Almost everything being mentioned in this thread would get the landlord/owner arrested by the responding cops here.


Yes you do because a lot of states wouldn't consider him a trespasser.

Here in NYS you'd go to the town court for a formal eviction, which only costs a few dollars. The eviction order would be enforced by the Sheriff.

I don't know what your process in your state is.

For the win.