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Newest Member: jdgrief (45719)

User Topic: California law
rachelc
♀ 30314
Member # 30314
Default  Posted: 9:07 AM, November 25th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

anyone have experience?
my son, in San Diego, had his identity stolen by his roommate to the tune of at least $1500 and it started in May. Took out a credit card in his name. He found out when they went out for drinks and the other guy paid with that credit card - with my son's name so the bar had two cc with my son's name - idiot! !

At any rate, the guy confessed and is just a loser sociopath type guy. When my son said he was going to the police station the guy threatened him and the other roommate.

My son and the nice roommate are on the lease of their apartment. Sociopath is not. So, can they kick his ass out ASAP? At first they gave him 30 days and the police said they had to honor this. But, if he's not on the lease who the hell cares?

They DID go to the police and the sociopath doesn't know yet. My husband is going to try to exert any muscle we have so that this guy moves out. We are very concerned for our son's safety. They share a bedroom and hell, he could come at him with a butcher knife.

help?


his Dday: 2/10 but TT until 7/11
my Ddays: 1/12, 4/12 broken NC 12/12

me (WW/BS): 48
him: (BS/WH)52
4 kiddos in mid 20's

“Follow your intuition. Be smart, be brave. Tell the truth and don’t take any shit.”


Posts: 5494 | Registered: Dec 2010 | From: Midwest
tushnurse
♀ 21101
Member # 21101
Default  Posted: 10:13 AM, November 25th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

The trick is to make this sociopath so uncomfortable that he leaves on his own. Like playing music he hates continuously, and not giving him any privacy, and throwing out all of his food, oops it was bad, and constantly staring at him.

Did your son press charges, and is this joker going to be arrested? If not can he and his roommate file a restraining order against him?

Not sure about Cali laws, but if it were my boy he would not be unarmed. Maybe your H can stay with him a few days? Just thinking outloud here.


Me: FBS
Him: FWS
Kids: 15 & 17
Married for 22 years now, was 16 at the time. .
D-Day Sept 26 2008
Fully R'd, and Happy Happy Happy

Posts: 8789 | Registered: Oct 2008 | From: St. Louis
rachelc
♀ 30314
Member # 30314
Default  Posted: 10:22 AM, November 25th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

Tush - thanks! My husband could go out there but we live in the Midwest. Son could go to Gramma's in Arizona for a few days if needed...
armed - well, that could be arranged easily. He's ex-military.
he is pressing charges but not sure if there is an arrest or what? Guy will be royally pissed when that happens. He "says" he's in law school and a conviction, in addition to the bankrupcy he filed recently, won't look good when trying to get a job.


his Dday: 2/10 but TT until 7/11
my Ddays: 1/12, 4/12 broken NC 12/12

me (WW/BS): 48
him: (BS/WH)52
4 kiddos in mid 20's

“Follow your intuition. Be smart, be brave. Tell the truth and don’t take any shit.”


Posts: 5494 | Registered: Dec 2010 | From: Midwest
GabyBaby
♀ 26928
Member # 26928
Default  Posted: 10:27 AM, November 25th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

He "says" he's in law school and a conviction, in addition to the bankrupcy he filed recently, won't look good when trying to get a job.
Then the jackass shouldn't have stolen your son's identity!

Definitely go to the police. Is there any possibility that your son and roomie who ARE on the lease can ask the leasing office for a new apartment? Not breaking the lease, but moving to a different unit?
They can tell Psycho that they are moving, but he, of course, is not invited...


Me - 42
SorryInSac (STBX WH#2) - 47. DDay 7/12/14
Married 4, together 7yrs total
Status - Stick a fork in me...

DD(21), DS(18, PDD-NOS)
6 Furkids - 4 dogs, 2 cats

WXH (serial cheater, 12+ OW) - Legally married 18yrs

I edit often for cl


Posts: 6680 | Registered: Dec 2009 | From: California
Cally60
♀ 23437
Member # 23437
Default  Posted: 12:49 PM, November 25th (Monday), 2013View ProfileEdit MessagePrivate MessageHomepage

I don't know the legal procedures, but doing a Google search with "Eviction California" and "Evict a roommate California" brought up a lot of useful sites.

This site about evicting a roommate seemed particularly useful:

http://homeguides.sfgate.com/evicting-people-not-lease-apartment-55648.html

Even though the roommate is not on the lease, from what I read on several sites, it looks as though he would be classed as a tenant, because he has lived with your son for 30 days or more. Did your son put the 30-day notice in writing? The various sites seemed to indicate that this might be necessary and several offered suitable forms.

"Illegal activity" was one of the grounds given for legal eviction in CA. If the chap bought stuff online using your son's card, could he perhaps class that as illegal activity on the premises and use it a basis for the eviction?

Incidentally, more than one site stated categorically that a landlord was not entitled to get rid of a tenant's property in the interest of eviction.

Did your son's tenant put down any kind of deposit? My son is not in California, However, he once had a housemate, on a trial period, who was not a criminal, but who nonetheless turned out to be completely unsuitable. (I won't go into the gory details!) The young man was not working and was thus short of money. So my son offered to give him back the last month's rent, normally covered by the deposit, if he left early. The housemate accepted with alacrity and left almost immediately. My son was out-of-pocket, but considered his temporarily straitened financial situation to be well worth it, in order to be rid of the guy as soon as possible. (Obviously, he made him sign for the money, to cover himself.)

[This message edited by Cally60 at 1:05 PM, November 25th (Monday)]


Posts: 2172 | Registered: Mar 2009
Topic Posts: 5

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