Tell me about being evicted

[KevinP73]

From the landlords standpoint how long does it take? What is the process ? What are the downsides from the tenants side of the situation? I need to know these things.

[the]

It can be pretty quick in California. They have a summary procedure for it. As I recall, it can be as quick as 30 days. Once the LL gets the order, it's not a problem to get the sheriff to go out and enforce it.

The biggest issue from the LL side is following all of the procedures. Because it is a summary procedure, all the rules have to be followed exactly. Most LL's (and their attys) make mistakes, in the contents of the notices, the service of the notice, timing, etc. So a good tenant's atty can usually delay things for a bit on procedural issues.

Downside from the tenant's side? The tenant gets forceably evicted. Can be a bit of a problem, esp. if there is nowhere else to go.

[126coupe]

Originally Posted by KevinP73

From the landlords standpoint how long does it take? What is the process ? What are the downsides from the tenants side of the situation? I need to know these things.

Don't worry, Obama will take care of it for you

[slodave]

Is this about your A/C???

[KevinP73]

Originally Posted by slodave

Is this about your A/C???

No it's about the shop. I'm being pressured to move out sooner than I want to. I'm half tempted to make the LL evict me.

[126coupe]

Originally Posted by KevinP73

No it's about the shop. I'm being pressured to move out sooner than I want to. I'm half tempted to make the LL evict me.

The LL can get a judgement for court costs and attorney fees

[RWebb]

be careful - shop = commercial lease probably

generally, many fewer protections than residential leases

prob. doesn't pay to get an attorney...

can you google california + commercial lease?

do you care about your credit rating??

can you bargain for time?

[Rusty Heap]

I still like my friends method to getting rid of low lifes that were renting a duplex from him, changing their harley oil on the living room carpet, not paying rent, damaging the rental unit...they wouldn't move out even upon request.......

My buddy just showed up at 9 P.M. on a friday night and TOOK the front door off the hinge pins and took it with him saying "it needs to be repainted"......left them in a bad neighborhood with no front door.

They were gone moved out in 24-48 hours.

GRINS!

[the]

Originally Posted by KevinP73

No it's about the shop. I'm being pressured to move out sooner than I want to. I'm half tempted to make the LL evict me.

even with the little you've said, I'm pretty confident in telling you that's not a good idea.

just work something out with the guy. at the end of the day, if he has the right under your agreement to make you move sooner than you want, and you can't work out something better, just move.

don't breach your agreement and cause him to evict you, out of frustration, or spite or whatever. It won't work out well for you.

[Seahawk]

Originally Posted by KevinP73

No it's about the shop. I'm being pressured to move out sooner than I want to. I'm half tempted to make the LL evict me.

What are the terms of the lease, Kevin? I own rental properties and expect the terms of the lease to be enforced, from both perspectives.

I've only had to encourage one tenant to leave in 15 years due to breach of the lease.

[MT930]

Commercial and residential leases have some very different laws that pertain to them, the residential lease is slanted to the tenant's benefit. (Greatly so in CALI) I would have an attorney look it over, to let you know what your options are.

[KevinP73]

Heres the situation.
I've been here for a couple years now. My rent is always paid on time. I'm not causing any damage to the building or the parking area assigned to my unit. The LL and I have allways had a good repore. NEVER any issues at all. But I am here on a month to month, no lease.
Earlier this year the LL and I were talking and I shared with him my general plan of being out of debt and closing the business around the end of the year. At that time he said that if that was my plan that he would not raise the rent in an effort to help me with my goal. We have talked from time to time since then and he has been kept up to date on my progress towards meeting the end of the year goal.
Skip forward to just a couple months ago. T-mobile has commited to installing another cell tower on the property. It will be the second tower on this lot. The LL told us all that the new tower will pay well and it would be unlikely that he will have to raise anybody's rent.
Skip forward to yesterday. He comes in to collect the rent and starts beating around the bush as to how he has someone who needs to relocate his business and how my rent hasn't been raised in a while and how he is so undermarket with my rent and how I told him that I wanted to gone by the first of the year. BLA BLA BLA. This new tennant is willing to pay 100% MORE than I'm paying but has to have a commitment from my LL by the end of the year. I tell him that I am not ready to close just yet and would likely need another four to six months before being ready to leave. My LL says he doesn't want to lose the perspective tennant and needs a commitment from me. He also states that if I decide to stay he'll have to raise my rent (no one else in the complex, just mine) to match what this other guy is willing to pay.
I don't mind commiting to a move out date as long as I have some say in when that date is. And I'll suffer a raise in the rent if it were reasonable. I don't feel that a 100% raise is reasonable if I'm the only one getting the increase.

[MT930]

In Montana a month to month in a commercial lease in the eye of the law means either party has 30 days to vacate after giving notice of such to either party. It should be in writing as in a certified letter. He may ask you to leave in which case you could agree in writing (a lease addendum) to the end of the year or you must leave in 30 days. The lease you signed may contain some default provisions. I would read it to find out. In this state only written agreements are enforceable. I do not know CA law.

[Rot 911]

What MT said. If it is a true month to month then a 30 day notice (which really means 30 days from when the rent is next due) is all that is required. Can't really blame the LL who needs to find another tenant.

[stomachmonkey]

Sorry about your troubles.

But unfortunately it's business.

He knows your income will go away relatively soon.

In the current market can you really blame him for wanting to cover his bases.

Hope it works out for you.

[KevinP73]

Originally Posted by Kurt V

What MT said. If it is a true month to month then a 30 day notice (which really means 30 days from when the rent is next due) is all that is required. Can't really blame the LL who needs to find another tenant.

I guess I'm having trouble with the "needs" aspect of it. He didn't see the "need" to raise the rent just a couple months ago. T-mobile took care of that "need" for him. I don't see where I create a "need" for him to have me gone. My rents paid and if I may say so myself, I'm a decent tenant. The only "need" I can see here is some unknown perspective tenant who "needs" to relocate his business. And I don't see that as my problem at all. And certainly not a reason to accept what could very well be a death blow to my finances with out standing up for myself.

[KevinP73]

Originally Posted by stomachmonkey

Sorry about your troubles.

But unfortunately it's business.

He knows your income will go away relatively soon.

In the current market can you really blame him for wanting to cover his bases.

Hope it works out for you.

I agree with your point but in all fairness. The major lease holder on this property is a big (in comparison to myself) body shop who is suffering badly. If anyone here is a high risk tenant it's them. If all my LL was trying to do is cover his ass he could offer to let(pressure) them downsize and lease some of the bays that they will make available. He'd be picking up one more tenant and I know thats one more potential headache for a LL but I think that would address the issue without killing me.

[Rot 911]

Kevin, I understand your position and don't blame you for thinking the way you do. I was just giving a legal opinion. About all you can do is try to talk to the LL. In the future, keep your plans to yourself.

[the]

Originally Posted by KevinP73

The only "need" I can see here is some unknown perspective tenant who "needs" to relocate his business. And I don't see that as my problem at all.

You're going to be gone in a few months, and he will need to fill the vacancy. If he has a prospective tenant willing to go long term at 100% more rent than you are paying, I can see where your LL is anxious.

He could take your attitude and use it against you. The lease provides month to month, he could kick you out in a month. LL speaking: "And I don't see that as my problem at all." Because it isn't.

[KevinP73]

You both make a good argument and I value your input. It's just not what I wanted to hear so I'll have to ask (pressure) you both to leave. Nothing personal.......just leave 'cause I've got to go figure where I'm going next.