Hopeless Landlord

[SC Landlord]

What is the name of your state?
Landlord here in Bay Area California. Looking for some advice and I'll try to be concise as possible. I had tenants who had a one year lease that just ended.
Previously, a month before I receieved an email stating that they found people who would want to take the house over at end of lease. I replied by saying that would be fine and I'll be in touch with new people regarding move-in date and new lease.

I emailed new roommates saying that the will also be a rent increase of $150/month.

Without me knowing, these new people moved in. After finding this out, I told them that I would then have to write an addendum that they are assuming responsibility of an damages from previous tenants since they just moved themselves in.

I drafted a lease with addendum and added rent increase and told them they need to sign and pay their deposit. They replied by saying,"I am very sorry it took this long but our intentions as a house are to check in with a tenants association to get an overview of our situation and options. I have an appointment for tomorrow and we will have a plan of action soon after that. I expect that by Thursday we will all know how to proceed."

So, waited until Thursday, yesterday and now they are saying this,"As a house we have come to a decision about how we would like to proceed and will have something written up that outlines said deciscions by tomorrow. Thank you."

They did pay this months rent but at the rate the previous tenants were paying.

Do they have any legal right since no lease is signed?

Feel helpless and taken advantage of. The landlord/tenant laws seem very in favor of tenants around here but at the same time, they have yet to sign lease and pay deposit. So, technically I feel that they aren't tenants and have no right.

What are my options?

Thanks so much for taking time to read this

 

[Gail in Georgia]

Frankly, since they just moved in without notifying you, I would have considered them squatters and taken that route to toss them out.

You have accepted the rent then? If so, consider them month to month tenants and terminate their "lease" following the guidelines for your state on doing so.

Gail

 

[Zigner]

Being in the "Bay Area" the OP may have huge problems. That area is VERY tenant-friendly, even for California.

I would suggest that the OP find an attorney sooner rather than later.

 

[Gail in Georgia]

Quite true.....the idea of being a landlord in California (and especially the "Bay Area") should strike fear into the heart of any landlord.

Gail

 

[SC Landlord]

Being in the "Bay Area" the OP may have huge problems. That area is VERY tenant-friendly, even for California.

I would suggest that the OP find an attorney sooner rather than later.

I'm sorry, but what do you mean by OP?

 

[Just Blue]

I'm sorry, but what do you mean by OP?

OP = Original Poster = You.

 

[FarmerJ]

Before this goes any farther I suggest you go talk to a real estate atty about the tenant who you permitted to take over the apartment and start with proper notice to them about raising the rent to what you want it to be and a damage deposit to be what you want it to be and then if they fail to comply to get them out so you can start from scratch and install a tenant of your choice . consider this , your former tenants aided with installing a new tenant that you don't know squat about , these new people could be tenants from hell in a short time.

 

[TigerD]

these new people could be tenants from hell in a short time.

They are already. Any tenants that send a letter: As a House we decided ..... Get an attorney and get them gone.

 

[SC Landlord]

They are already. Any tenants that send a letter: As a House we decided ..... Get an attorney and get them gone.

Trying to avoid lawyer fees. It’s just so hard to believe that they have any rights when they moved in without my knowledge. The previous tenants that had a lease, moved people in before their lease ended which is against my lease (no subletting). Aye yiyi

 

[TigerD]

Bay area, California.

If lawyer fees are not a part of your plan as a landlord, sell now.

 

[FarmerJ]

Is there a reason you failed to include the city ? reason being is that in the city of SF it could be harder to get tenants out

 

[not2cleverRed]

Is there a reason you failed to include the city ? reason being is that in the city of SF it could be harder to get tenants out

"Bay area" is usually code for SF.

 

[FarmerJ]

Oakland is in the bay area as well as a number of other places such as South San Francisco , Daly, San Mateo, San Carlos, San Bruno, Sausalito, Berkley, Alameda , foster city , Palo Alto and too many others to remember from the top of my head from the time I lived out there. BUT I know SF is on the top of the list for the worst places for landlords to have residential rentals in.