I’m in california. I’ve an issue about one of my tenant1 went on to some other tenant2 room and steal some stuff out from T2 room. We have securiy camera which caught him walk out from T2 room. The guy T2 came to me and ask to see the Video. We show him but he didn’t want to report to the police.
My question is can I as a landlord kick T1 out ? If so how ? Can I just call police to remove him since is comit the craim in my place ? My problem is T2 already got his stuff back and didn’t want to go after T1 but I want him out since he keep stealing from other tenant this not first time. Please advice me on how to.
This is an extremely loaded question as it test's the ethical and moral position and obligation to protect both yourself and T2!
On the one hand if you call the police, they will arrest T1 and take him off to jail, however his legal right as a tenant is not necessarily severed by being arrested as he is innocent until proven guilty, and could be released on his own reconissence or make bail within 10 or 15 hours, would then come back home which makes it awkward and tense and which causes friction in the house.
The T1 tenant needs to go so I think I would serve written notice to T1 as a 30 day notice to vacate and maybe even offer a few hundred bucks to him to get out right away as an incentive, and after he is gone report the theft and turn over evidence including the video to the police.
It is a very difficult position but I think this is what I would do?
I agree with Gold River. You ABSOLUTELY can not keep that tenant. This IS really a difficult problem.
What about just doing the right thing? Tell Tenant2, the victim, that you are forced to call the police. That you have no choice.
Then call the police. Produce the videotape. Testify. Put that guy away. I don’t like the idea of him going off free to steal again.
You might need to change the locks on Tenant2’s door; whatever keeps him safe. I think you could be liable for something–neglect–? if you do nothing. It is your RESPONSIBILITY towards your other tenants to keep them as safe as possible in your building. I would immediately look up Tenant1 in your state’s crime information site. He is likely to have been arrested or charged with a crime before. Do something right away. Don’t buy him off.
Good luck, and let us know how this one goes. We are interested.
I think I’d call the guy and tell him that he’s got until the end of the month to get out. and that you will start eviction and take criminal action on him if he’s not out on his own. Then you send him notice to quit. I think he’ll move on quickly to avoid the police being involved.
Disturbing other tenants should be a breach of his lease, right?
Thx a lot for your valuable advice. Here is my update. We end up calling the police. We told him that the police is coming. He wrap up his stuff not all but the valuable one and leave before the police came. We change the lock. He came back the day after, cannot get in. We told him that he will need to make appointment to get his left off stuff out. He seem to be gone now.
That seems like something that potentially could put you in a lot of hot water as a landlord. Tenants have certain rights under the law and if he decided at some point to sue you for basically a forcible eviction with no notice I am pretty sure a good attorney could put you in a world of hurt, especially when you locked him out of his own house—he legally could have broken into the house to get his stuff and there would be nothing you could have done—a tenant cannot “break into” their own house…not trying to scare you, but that really doesn’t seem like a smart decision, in regards to keeping yourself free of potentially costly legal issues…