Need post-rental-contract eviction advice

[oohlalaw]

This applies to California. Can someone please advise or send links for info about the fastest way to evict a former tenant and her possessions?

Background:
The one-year rental agreement with our tenant expires on Oct 31st. We advised tenant that we would be selling the home and as a courtesy gave notice 90 days in advance. We also gave the 60-days notice required by the contract. Tenant did not respond to our communications but knows we plan to sell the home. With her permission, I stopped by over one month ago with our real estate agent; then, again with tenant's permission, agent stopped by to take photos for the listing and to show the home to stagers to give staging quotes.

Tenant has said she wants to stay longer; we told her this is not possible. A few days ago, she asked to stay for "a few days" and then for an extra week. We again politely refused.

We believe she will still be there after the 31st so would like to know the fastest way to get our property back.

Thanks.

I tried posting this twice earlier but only saw blank screens; hope it worked this time. Or if this has posted multiple times, apologies!

 

[quincy]

This applies to California. Can someone please advise or send links for info about the fastest way to evict a former tenant and her possessions?

Background:
The one-year rental agreement with our tenant expires on Oct 31st. We advised tenant that we would be selling the home and as a courtesy gave notice 90 days in advance. We also gave the 60-days notice required by the contract. Tenant did not respond to our communications but knows we plan to sell the home. With her permission, I stopped by over one month ago with our real estate agent; then, again with tenant's permission, agent stopped by to take photos for the listing and to show the home to stagers to give staging quotes.

Tenant has said she wants to stay longer; we told her this is not possible. A few days ago, she asked to stay for "a few days" and then for an extra week. We again politely refused.

We believe she will still be there after the 31st so would like to know the fastest way to get our property back.

Thanks.

I tried posting this twice earlier but only saw blank screens; hope it worked this time. Or if this has posted multiple times, apologies!

The "preview post" feature does not work for all people for some unknown reason, which is probably why your post did not appear on your first two tries. Instead of posting the question, it deletes the question.

 

[oohlalaw]

The "preview post" feature does not work for all people for some unknown reason, which is probably why your post did not appear on your first two tries. Instead of posting the question, it deletes the question.

Right you are. I did use the "preview post" feature. I have used it in the past, and it used to work fine. Thanks for letting me know it no longer works as reliably as in the past (and I won't preview this reply, lol).

 

[FarmerJ]

I would imagine at this point that if the tenant is still there 11/1 then what you would have to do is file for eviction based on tenant refusal to vacate after having been given proper notice to vacate. SO if you have not done this before then maybe what you want to consider is using the links above locating a atty and paying to get her/him to do it for you. ( there are some Attorneys who actually specialize in evictions too for a set rate so it does not hurt to ask ) btw you said >We advised tenant that we would be selling the home and as a courtesy gave notice 90 days in advance. < so how did you give notice ? if it was oral notice it has little value , if you sent a written on paper notice then how did you send it?

 

[oohlalaw]

... maybe what you want to consider is using the links above locating a atty . . . you said >We advised tenant that we would be selling the home and as a courtesy gave notice 90 days in advance. < so how did you give notice ? if it was oral notice it has little value , if you sent a written on paper notice then how did you send it?

By "links above," are you referring to the Ad Choices links for "Ask a lawyer" online? As for the notice, it was sent by US mail as well as by email, with a cc to the second homeowner who acknowledged receipt of the message.

Thanks!

 

[STEPHAN]

E-Mail does not count.

Was the USPS Mail certified?

 

[sandyclaus]

This applies to California. Can someone please advise or send links for info about the fastest way to evict a former tenant and her possessions?

Background:
The one-year rental agreement with our tenant expires on Oct 31st. We advised tenant that we would be selling the home and as a courtesy gave notice 90 days in advance. We also gave the 60-days notice required by the contract. Tenant did not respond to our communications but knows we plan to sell the home. With her permission, I stopped by over one month ago with our real estate agent; then, again with tenant's permission, agent stopped by to take photos for the listing and to show the home to stagers to give staging quotes.

Tenant has said she wants to stay longer; we told her this is not possible. A few days ago, she asked to stay for "a few days" and then for an extra week. We again politely refused.

We believe she will still be there after the 31st so would like to know the fastest way to get our property back.

Thanks.

I tried posting this twice earlier but only saw blank screens; hope it worked this time. Or if this has posted multiple times, apologies!

The problem with giving notice to terminate a tenancy is that it is merely the first step and has no legal weight to force the tenant to comply on the vacate date on the notice. You can give them as much time as you want, but ultimately, if they haven't vacated by the end of the notice period, then you would have to take legal action through the courts to forcibly remove them. Note that you CANNOT force them to leave on your own. You are NOT allowed to change locks, block their access to the property, shut off utility services, or physically remove the tenants and their belongings without first having a court order to do so.

You have served her with notice. As has been suggested, said notice would need to be in writing, and given to the tenant via certified mail (to provide you with proof of service). You might get lucky and the tenant may not challenge service, but by serving them via email, that is a possibility that could delay the situation further.

On the 1st of November, I would immediately file an eviction (Unlawful Detainer) action through the courts to begin the legal process. Once the tenant is served with the summons and complaint from the legal filing, they have 5 days to respond to the court action. If they don't, then you can acquire the necessary eviction order from the courts, and the tenants can be out in as little as 5-10 days following that (depending on how quickly the order can be served by the Sheriff/Marshal). Or, they could decide to drag this situation out even further and attempt to delay the eviction by filing an answer, thereby forcing you to actually go to trial over it. Most evictions trials are expedited, and last about 20-30 days from start to finish, if there are no procedural delays and little opposition from the tenants. Your experience may go more smoothly if you hire an attorney to handle the eviction process for you, so as to avoid possible mistakes that could delay the process.

 

[TigerD]

http://www.glenncourt.ca.gov/court_info/landlord.html

No notice is required for an unlawful detainer action based on the expiration of a fixed-term tenancy, nor is notice required when a tenant occupies the property as part of his or her employment (for example, as an apartment manager), which has been terminated.

Filing a complaint: After you have complied with applicable notice requirements, the residential eviction process is begun by filing a complaint with the local court. To file a complaint, you may use Complaint Unlawful Detainer (Form 982.1(90)) and file the form with the local court, paying the applicable filing fee.

Obtaining and serving the summons: You then obtain a Summons — Unlawful Detainer (Form 982(a)(11)) from the local court and must serve the summons on the tenant, adhering to appropriate service requirements.

You may want to consult with a local landlord/tenant attorney. Screwing up the evicting in California could cost you months and thousands of dollars.

Frankly, giving her a week is a lot faster and cheaper than the eviction. YMMV

DC

 

[sandyclaus]

http://www.glenncourt.ca.gov/court_info/landlord.html



You may want to consult with a local landlord/tenant attorney. Screwing up the evicting in California could cost you months and thousands of dollars.

Frankly, giving her a week is a lot faster and cheaper than the eviction. YMMV

DC

True. But you know what they say about giving them an inch, and then they take a mile. First the tenant wanted a day or two, now it's a week. They need to be firm and make sure that the tenant doesn't try to take advantage of their kindness. Yes, allowing them the week instead of evicting makes sense, but then what happens after a week when the tenant is STILL there and STILL refusing to move out?

OP, only you know the situation best. You have to decide what's right based on what you know about these people. If you think they'll keep their word and go after a week, then do that. But if there is ANY indication they might want to drag it out even further, then get on the horn to an eviction attorney and don't mess around. Every day or week that goes potentially means more money lost.

 

[oohlalaw]

E-Mail does not count.

Was the USPS Mail certified?

I will find out tomorrow from the co-landlord. But I just discovered that I misstated something in my first message . . .

I just re-read the contract and see that per the contract, the rental period was for one year, terminating on Oct 31st and that the rental period can be extended if tenant receives agreement in writing from landlord (which tenant did not request and thus did not happen). The 60-day notice applied in the event the tenant wanted to terminate the contract early. There is no requirement in the contract for landlord to provide notice to terminate after one year (This is what I got wrong, apologies). I don't know if this will help with eviction though.

At 90 and 60 days before the end of the lease, the co-landlord requested tenant to provide her vacate date and said he'd refund any rent in the event she wanted to move out before the 31st, but she didn't reply. Landlord mailed (USPS) and emailed her info about moving out (utilities, cleaning, security deposit, etc.) and reminded her she must be moved out no later than Oct 31st. She did not reply.

Thanks.

 

[oohlalaw]

True. But you know what they say about giving them an inch, and then they take a mile. First the tenant wanted a day or two, now it's a week. They need to be firm and make sure that the tenant doesn't try to take advantage of their kindness. Yes, allowing them the week instead of evicting makes sense, but then what happens after a week when the tenant is STILL there and STILL refusing to move out?

OP, only you know the situation best. You have to decide what's right based on what you know about these people. If you think they'll keep their word and go after a week, then do that. But if there is ANY indication they might want to drag it out even further, then get on the horn to an eviction attorney and don't mess around. Every day or week that goes potentially means more money lost.

You hit the nail on the head. From experience, we know that this tenant will not keep her word and will stay beyond a week if we agree to another week.

Thanks.

 

[ecmst12]

If you didn't send a 30 day notice to vacate via certified mail, you won't be able to file for eviction until you do.

 

[oohlalaw]

If you didn't send a 30 day notice to vacate via certified mail, you won't be able to file for eviction until you do.

Is this California law, even if the contract was for one year and a 30-day notice was not mentioned in the rental contract? Thanks.

 

[oohlalaw]

Update: We contacted an eviciton atty. He will deliver an eviction notice today. He advised we should do this since we do not know if tenant will move out on the 31st, and an eviction notice gives a tenant 30 days to vacate, so if we wait until Nov 1st, that would give tenant 60 more days.

Thanks to all who posted in this thread.

 

[Zigner]

Update: We contacted an eviciton atty. He will deliver an eviction notice today. He advised we should do this since we do not know if tenant will move out on the 31st, and an eviction notice gives a tenant 30 days to vacate, so if we wait until Nov 1st, that would give tenant 60 more days.

Thanks to all who posted in this thread.

I think you have misunderstood something that the attorney told you. An "eviction notice" is not proper at this point, nor would it be valid as the tenant is in full compliance with the lease at this time. Perhaps the attorney was telling you that he is going to send a letter reminding the tenant of their obligation to vacate at the end of the month?

ETA: Upon re-reading your post, I see that you *definitely* misunderstood something. What your LL is referring to is a notice to terminate tenancy. I am not saying your attorney is wrong (I would definitely defer to him) - rather, I am saying that you are not relaying the correct information here. Semantics are VERY important, especially in LL/Tenant law in our great state