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What is the name of your state?San diego, CA

I have a tenant , she has a old truck ( classical truck), but nonoperation , the neighborhood is HOA. They don't want the truck parking on the drive way. I told her park in the garage or some where else, but she didn't listen. If I send her a notice 3 days to remove or quit, and if she doesn't apply Can I evict her? you know, right now the law protect tenant if the issue is non pay rent but the tenant must apply ERIP but you need to wait until she got deny from ERIP. Thanks
 


doucar

Junior Member
In California it is called cure or quit for a lease violation. Is there a provision in the lease concerning non operable vehicles?
 

zddoodah

Active Member
They don't want the truck parking on the drive way.
"They" being the HOA? Is it just that the HOA doesn't want the truck to be parked in the driveway? Or is there an HOA regulation that prohibits this truck from being parked in the driveway? If the latter, please quote the regulation word-for-word.

If I send her a notice 3 days to remove or quit, and if she doesn't apply Can I evict her?
You'll need to answer the questions I asked above. One would also need to review your lease.

you know, right now the law protect tenant if the issue is non pay rent but the tenant must apply ERIP but you need to wait until she got deny from ERIP.
Huh?
 

FarmerJ

Senior Member
in your lease does it say that the tenant agrees to follow HOA rules ? ( did your lease list the parking rules ? ) Your going to have to send her proper notice to correct the issue and I would suggest making enough extra copies to send one copy out via confirmed mail delivery and a second copy out via certificate of mailing one more day later so that way in the end if the tenant tries to claim they didnt get the notice to a judge the judge can see it was sent two times different days different receipts.
 

Just Blue

Senior Member
Sorry, you misunderstood me. I don't know to start a new thread, but the same tenant Iwas post on last Sunday
Well, you have two threads regarding the same tenant and only one is necessary. Please don't start new thread for every question you have on the same issue...keeping all questions/facts on one thread makes it easier for us to advise you.
Thx
 

Zigner

Senior Member, Non-Attorney
I'm going to reply here and in your other thread: It is apparent to me that you are not going to be able to handle this matter on your own. You are going to need to speak to a local attorney.
 

not2cleverRed

Obvious Observer
What is the name of your state?San diego, CA

I have a tenant , she has a old truck ( classical truck), but nonoperation , the neighborhood is HOA. They don't want the truck parking on the drive way. I told her park in the garage or some where else, but she didn't listen. If I send her a notice 3 days to remove or quit, and if she doesn't apply Can I evict her? you know, right now the law protect tenant if the issue is non pay rent but the tenant must apply ERIP but you need to wait until she got deny from ERIP. Thanks
You do know that after the 3 day notice, you can only file for eviction, don't you? And it takes a while to get your case before a judge?

I get the feeling that you think that after the 3 day notice, you can just force her out immediately. That would be called a self help eviction, which would be illegal.

See a lawyer, and consider getting out of the LL business.
 

Zigner

Senior Member, Non-Attorney
I'd like to point out that you will likely need to send a notice of a change in the terms of the tenancy before you can send a 3-day notice to cure or quit. You will need to research the required notice period.
 

Hidden12

Member
Some states an building codes ,an other codes departments can really put the laws on violators !
I know..That's something to consider on inoperable vehicle laws in your state...
 

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