Info on Evicting a Tenant

Shawn 357 · 09-10-2009, 09:36 AM

I have a tenant that I need to evict but I want to make sure I do everything legally. This tenant has always paid rent on time but the house is a trash heap and I want to start getting the place cleaned up so that when I go to sell the property it is presentable. Does anyone know a good place for me to get information on being a landlord in California? Unfortunately this tenant has no intentions of changing how they are living and I want to remedy the situation before there is a cockroach and mouse problem. I want to give the tenant reasonable notice so they can find another place to live and hopefully avoid any major disruption to their life but I don't want to screw myself being too nice either.
Thanks,
Shawn

m21sniper · 09-10-2009, 09:51 AM

Perhaps you could just A) tell them you're selling the place and ask them to leave, or B) rent it to them to own?

Eviction is pretty harsh...

Amail · 09-10-2009, 09:56 AM

Check out Mr Landlord.com

john70t · 09-10-2009, 10:02 AM

The senario is still too vaugue to accurately respond.

1) If the tenant is on a lease, you have a legal obligation to continue renting to themfor the duration .........provided all terms and conditions are fufilled: i.e. not damaging the property, and/or maintaining fire/heath code standards.

Pay attention to this last sentance.
That could lead to advesarial situation where you end up spending months digging through lease laws, property code, and extensive court senarios.....if you go that route.

2) If the tenant is on a month-to-month, then inform them in well in advance in certified writing(30 days in Cali?) that the lease will not be continued.

Shawn 357 · 09-10-2009, 10:11 AM

Quote:

Originally Posted by m21sniper

Perhaps you could just A) tell them you're selling the place and ask them to leave, or B) rent it to them to own?

Eviction is pretty harsh...

That's why I'm trying to find out what is legal because I don't want to find out after telling her that I'm selling and she has to move that I did something that is violating her tenant rights.

The tenant could not afford to purchase the home.

Eviction stinks.....so does cat crap on my hardwood floors.

Shawn 357 · 09-10-2009, 10:15 AM

Quote:

Originally Posted by john70t

The senario is still too vaugue to accurately respond.

1) If the tenant is on a lease, you have a legal obligation to continue renting to themfor the duration .........provided all terms and conditions are fufilled: i.e. not damaging the property, and/or maintaining fire/heath code standards.

Pay attention to this last sentance.
That could lead to advesarial situation where you end up spending months digging through lease laws, property code, and extensive court senarios.....if you go that route.

2) If the tenant is on a month-to-month, then inform them in well in advance in certified writing(30 days in Cali?) that the lease will not be continued.

I was pretty vague. The tenant is on a month to month. I am not opposed to giving the tenant 60 or even 90 days to find a new place so complying with Cali law should be relatively painless. Thanks for the info.

Shawn 357 · 09-10-2009, 10:15 AM

Quote:

Originally Posted by Amail

Check out Mr Landlord.com

I will definitely be checking out the website. Thanks!

pwd72s · 09-10-2009, 10:19 AM

Good luck...

Rusty Heap · Rusty Heap's Garage

A buddy I used to know had to evict someone from his rental, the tenants were total butt heads and refused to leave even after many notices and it was all legal and up and up. Sorta a seedy part of town at night with lots of crime.

The buddy just went over at 8 p.m. on a friday night and took the front door off the hinges and took it with him saying "I need to paint this, and will be back in a week or two with it". Guess you'll have to guard all your junk and crap.

They were moved out and took all their stuff the next day.

john70t · 09-10-2009, 11:08 AM

Rusty Heap- This approach may be effective with the lowest of the knuckle-draggers, but it is extremely ill-advised.

A good LL should be able to approach a problem on all levels.
Good screening, morality, and good communication will=$ in the long term.

Cdnone1 · 09-10-2009, 11:52 AM

I've never had to evict a tenant but I have friends who have. What they recommend is that you give them notice that you are not renewing their lease (month to month) as stated by the terms of the lease and hope all goes well, BUT, he also starts eviction proceedings at the same time, that way if they decide they aren't moving without a fight you haven't wasted 2 months to find out.
Good luck, it seems in CA that the renters have all the rights. I just took a bath on a renter that disappeared one weekend but at least he left.
Steve

Looking_for_911 · 12:14 PM

Quote:

Originally Posted by Shawn 357

I was pretty vague. The tenant is on a month to month. I am not opposed to giving the tenant 60 or even 90 days to find a new place so complying with Cali law should be relatively painless. Thanks for the info.

I'd ask my fiance now (an attorney) but she's in court today... however, it's been my experience that you should give the tenants at least 30-days notice even if they're on a month-to-month arrangement. I'm sure Cali law is similar to what we have here on this.
Did you have anything stipulated in a lease agreement? If not you would want to do that should you rent it again. That paper between you and the tenant is very important. That's what I do.

RWebb · RWebb's Garage

FIRST - state law & city law varies -- find out what both are for you!

Second, try to get the trash heap declared a public nuisance - call the City inspectors.

by no intentions, I assume you asked/told them to clean the place up and it is still a trash heap...

Looking_for_911 · 09-10-2009, 01:58 PM

Quote:

Originally Posted by RWebb

FIRST - state law & city law varies -- find out what both are for you!

Second, try to get the trash heap declared a public nuisance - call the City inspectors.

by no intentions, I assume you asked/told them to clean the place up and it is still a trash heap...

If you've documented your notifying them of the need to clean the premises that will serve you well, also.

My dad has a "clean clause" in his leases. I do to. But that doesn't mean the tenants will keep the places clean, or rather leave them clean. Deposits have helped some with that problem.
And one thing I have found, local ordinances can be loosely interpreted. Our definition of clean and livable is obviously not the same as some of the local inspectors here! Some are very biased against the property owners.

john70t · 09-10-2009, 02:20 PM

Shawn, I'm think you want to keep the existing (paying) tenants in place until it sells? Good move.

You may have to "pester' them to live a bit more cleanly, but it might be for their long-term benefit as well as yours.
An annual fire-alarm battery inspection is not unheard of .
Take pics to document everything while you visit. Make sure they are there during this time, and (of course) let them know well in advance when the Realtor will have a showing scheduled. Treat people with firm respect, and usually it's reciprocated.

Now is a bad time to sell (sellers can loose tens of thousands of dollars), but however it works out I wish you the best.

Shawn 357 · 09-10-2009, 08:14 PM

Quote:

Originally Posted by john70t

Shawn, I'm think you want to keep the existing (paying) tenants in place until it sells? Good move.

You may have to "pester' them to live a bit more cleanly, but it might be for their long-term benefit as well as yours.
An annual fire-alarm battery inspection is not unheard of .
Take pics to document everything while you visit. Make sure they are there during this time, and (of course) let them know well in advance when the Realtor will have a showing scheduled. Treat people with firm respect, and usually it's reciprocated.

Now is a bad time to sell (sellers can loose tens of thousands of dollars), but however it works out I wish you the best.

I know this sounds funny but I am not that concerned about maintaining a paying tenant in this home. Unfortunately my pestering does not seem to have an impact on the cleanliness of the tenant.....although for her credit she has stopped keeping a bunch of shopping carts from the local stores in her yard

I treat my tenants with the same respect that I would want if I were renting the place but honestly I think that this person may just not know any better or care to change. I have quite a bit of time to worry about getting the place ready to sell and I am just doing my homework ahead of time.

Shawn 357 · 09-10-2009, 08:18 PM

Quote:

Originally Posted by RWebb

FIRST - state law & city law varies -- find out what both are for you!

Second, try to get the trash heap declared a public nuisance - call the City inspectors.

by no intentions, I assume you asked/told them to clean the place up and it is still a trash heap...

The trash is mainly in the home/garage so it isn't visible to the inspectors. I've asked for the place to be kept cleaner but it has fallen on deaf ears. I don't expect the place to be sparkling clean but I had a plumber charge me extra yesterday because of how disgusting the sink was that needed to be snaked.....I called him because it was worth the money for me not to have to go into the place.

wreckersteve · 09-11-2009, 11:38 AM

I had a problem tenant. Sold the place with him there. Told the new owner about him and all. Was just in court yesterday trying to get me last bit of money from the tenant. Has been 7 months from the sale.

The new owner called last night asking for advice. Man am i glad I am out of that business.

RWebb · RWebb's Garage

if month to month - just toss them out; give notice - or raise the rent for the next term

main issue is will they get mad & tear the place up - you have a good deposit I hope?

dad911 · 09-11-2009, 03:43 PM

I would make it worth their while to leave and clean up. Like refund a months rent if they move out in 30 days, and clean up on the way out.

If you be a hard-ass and start eviction, it is going to take months and cost more. And they will most likely stop paying rent once you start eviction process.