i am an incoming tenant, but the previous tenant refuses to vacate

[ainee]

I am a renter in Los Angeles, CA.

I recently signed a lease and gave a security deposit for an apartment. I got a call a few days ago from the apartment manager/landlord saying that I cannot move in on my expected move-in date because the current tenant refuses to leave. She gave 30 days notice over a month ago, but is now claiming that she cannot find a new place and as a result, will not leave. Now, the landlord cannot get a hold of her at all. As a result of her selfishness, I am currently "homeless" as I have already given a 30 day notice to my own current landlord. (as a result, I have to find temporary housing, keep all of my belongings in storage, which is an inconvenience I cannot even begin to describe to you, move TWICE, and deal with outlandish commutes to get to work

The landlord is currently taking action against her. He served her with a 3-day notice and will move on to the eviction process for an unlawful detainer if she refuses to leave by the end of the 3-day period. I realize that if the situation moves on to eviction, it could take anywhere from a month to 6 months to get this woman out (although I doubt she knows what is going on and won't even respond to the court order before her 5 days are up, meaning it will take a month.) In the meantime, I have to be patient and suffer the burden. But I really, really want to move in to this place. The price is right and the location is right, and in Los Angeles, this combination is extremely hard to come by. I want to fight for this.

I want to cooperate with the landlord because I think we ultimately need each other and I want to maintain a positive relationship. However, I do want to help push this tenant out with whatever legal power I have over her. Is she liable to me for damages? She is technically refusing to leave my apartment (I have a lease now and her lease has been terminated at her own request.) She should be liable for the stress and financial burden that her actions are creating.

So my question is, how would I go about exercising my rights over her? What are my rights in the first place? Does she owe me anything, and if so, how do I get it or at least threaten her with the possibility of getting it so that she realizes she's in way over her head and gets the hell out of my apartment? I want her to know that she's not just dealing with the landlord--she has to answer to me too.

Thanks!What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

You have no rights over this tenant. It means nothing when you say she has to answer to you too.

And, unfortunately, the days where the landlord can just kick someone out in the snow (or in the case of California, the sand) are long gone. Landlords cannot do a "self-eviction"; only the courts can legally evict someone (there are some exceptions regarding tenants that are doing such activities as selling drugs out of the rental or are considered to be dangerously violent). The landlord is doing what they can legally; posting the 3-day notice which is then followed up by a formal eviction.

You indicate this is an apartment. Is there another apartment available in this unit that you can move into at least temporarily?

Gail

 

[applecruncher]

I want her to know that she's not just dealing with the landlord--she has to answer to me too.

You are really confused. The other tenant does NOT have to answer to you - she can and should just ignore you. If you bother her she can file a complaint for harassment. Whether she is in over her head is not your business. Your problem is with the Landlord. That is who you must deal with.

Have you tried to talk to your current Landlord about an extension? Are you actually "homeless"? While I fully understand your being puset, until the other tenant is out you can't move in.

This sounds familiar - exactly like another story posted a few weeks ago under another member name.

 

[FarmerJ]

It is not going to take the LL months to get the tenant out. Since the LL knows the tenant is going to overstay. IT is the LLs choice to A : Fully refund any thing you paid with a sincere apology as soon as the tenant has overstayed the notice the tenant gave to the LL so you can look for a new place. B: IF your willing to wait it out the LL will be able to go to the court file complaint that the tenant has overstayed the notice the tenant gave to move out and the LL now wants the courts help to get this person to move out, the LLs claim will be hear in court and the tenant wont have any logical explanation the court will want to hear as long as the LL still wants this tenant out the court will likely order the tenant to vacate. Hearings are normally 7 to 10 days or so after the tenant has been served. IF the current tenant is single the current tenant can be given as little as 24 hours to vacate or a few days more if the tenant can prove to the courts satisfaction a legitimate hardship. If the tenant still refuses to move then the LL ( not sure about CA) likely get a writ of restitution from the clerk of the court and take it to sherriffs dept where they will serve it. IF the sherriffs dept finds current tenant still in control of the unit after they return, they will carry out the courts order and bodily remove the tenant INC things like giving a locksmith permission to do what ever to legally break in and then allow the tenants personal property to be handled by the LL according to law. BTW so you know this current tenant in the future will be truly blessed if they can find a rotten ghetto slum to rent let alone a dog house because as LLs see that persons application they will likely reject it due to a LL having to take them to court in the past. SO if you are willing to wait it out then do so , if not then the day you were to get to move in and the LL cannot deliver the unit to you then insist and back it up in writting sent via confirmed mail delivery that you want any moneys you paid refunded since the unit cannot be delivered to you !

 

[ainee]

answers:
-no, i dont think they have any other openings in the building. they may have some in the area though. would i be entitled to any for the same rent even if they would usually charge more?
-yes, i am currently without a place to call a home of my own. i moved out of my old apartment, my things are in storage, and i am presently sleeping on a friend's couch.
-yes, of course i know that i cannot harass the woman. the reason i am asking you all these questions is to see if i do in fact have any rights to claim damages from her for negligence BEFORE i act (ie so that i do not harass her).

questions:
could you please direct me to the similar post? maybe they got more constructive responses that i can learn from.

 

[CA LL]

Ca Specific

If the LL had WRITTEN notice of intent to vacate, the LL did NOT have to issue a 3-day and actually should NOT have. Nor should they accept rent beyond the end of the 30 day notice already given or they will INVALIDATE the original 30 day notice.

All they had to do was file UD action the first "legal" day after expiration of the 30 day notice.

There is likely something in the agreement you signed, stating that if the LL cannot provide the property specified within 3 days of the start date, the lease signed will be void and all money returned to you...that is standard language in many CA leases.

I personally never sign a document with a NEW tenant until I have legal possession of the property for this very reason. Greedy (IMO) LL's often do and it creates problems just like this.

You have NO RECOURSE as you are choosing to "hold out" for this property even knowing the situation. Read the document you signed...it will likely be very clear.

DO NOT speak to or in any way contact the current tenant.

 

[Alaska landlord]

You can sue the holdover tenant for your costs and damages. Unfortunately, you won't know the total of your damages till you find another apartment or she leaves. Have an attorney write a scary letter.

 

[applecruncher]

comments:
it's very amusing that you guys seem to be sympathetic toward the woman who won't leave and don't seem to give a s%#$ about the fact that i am being totally screwed here. i posted on this forum for help, not to get rude comments. i also completely sympathize with the landlord because it's not his fault that the lady is not following through on her agreement. at this point, the law seems pretty effed to me and i can't believe the reactions i am getting from you guys. priorities seem to be way off.

questions:
could you please direct me to the similar post? maybe they got more constructive responses that i can learn from.

No one is sympathetic to the other tenant – esp not FarmerJ. We’ve heard the “I thought I would get help here” speech before. Common when posters do not get the reply they WANT. People like you should preface your post with "Tell me what I want to hear, or don't reply. Don't give me the correct legal response because I don't want to read it. Just agree with me."

I’m not going to direct you anywhere. You can search for yourself unless “someone” deleted it. And yes, as I recall the “other person” did get the same response.

 

[CA LL]

Tran..once again, if standard lease form is used, INCORRECT information. Virtually every lease in CA I've seen has a three or so day clause that states very clearly as I listed above that if LL cannot deliver in three days, lease is voided and money returned and THAT IS IT and is upheld in CA courts.

This person cannot sue anyone since they are CHOOSING to not change direction as soon as they learned of the vacancy not being available. I simply asked that they READ their LEASE.

I also gave very specific CA LAW info regarding what the LL should and should not do.

 

[ainee]

applecruncher, your pleasantries are making this whole hassle seem almost worthwhile.

To all the rest of you, thanks for all of the advice- I appreciate it a lot. I think the gist of what I'm hearing is that I just need to sit tight and wait to see what happens between the current tenant and landlord. I hope it ends well.

 

[ainee]

oh yeah, to clear up some disputes that seem to be going on: there is no three day clause in my lease like farmer j is suggesting there may be. It just says that if the landlord can't deliver, I can back out of the lease and get my money back. Nothing about a time limit though.

 

[applecruncher]

applecruncher, your pleasantries are making this whole hassle seem almost worthwhile.

To all the rest of you, thanks for all of the advice- I appreciate it a lot. I think the gist of what I'm hearing is that I just need to sit tight and wait to see what happens between the current tenant and landlord. I hope it ends well.

And you deleting your earlier post (part of which I quoted in Post #8) is quite telling. That’s most likely what happened to the original post from a couple weeks ago. It wasn’t just ‘similar’ to yours, it was exactly like yours, right down to the sleeping on a friend’s couch part.

All that aside, you must want that apartment badly. Hope it’s worth it. This new Landlord sounds like some piece of work, But, for some season you want to maintain a good relationship (instead of getting you rmoney back and finding another place) – so, you can blame the other tenant, wait it out, and let the chips fall where they may. Good luck.

 

[ainee]

To be honest, I deleted that part of the post right after I posted it because it was really only directed at you and it was pretty immature of me anyway. I really would like to read the other post, so if you could, please direct me. I can't find it but I'm curious how they chose to deal with things. Thanks.

 

[wesawitbleed]

https://forum.freeadvice.com/landlord-tenant-issues-42/help-dont-know-what-do-423083.html

if anything, they should offer to pay for your storage at least.

 

[Zigner]

You can sue the holdover tenant for your costs and damages.

Of course the holdover tenant can be sued by the new tenant. Of course...the new tenant will lose. As was discussed thoroughly in the prior similar post, the new tenant's recourse is against the LANDLORD, not the prior tenant...

Unfortunately, you won't know the total of your damages till you find another apartment or she leaves.

THAT is true...

Have an attorney write a scary letter.

Sure, why not. Of course, OP won't be able to recover THAT cost from anyone.