How do you remove a tenant who won't move out of a rental?
2011 Aug 25, 3:34pm 17,630 views 34 comments
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Yes, she absolutely can get the tenant to small claims court. Limit has been increased to $7500.
OP stated San Ramon, CA? Yes, that's the case in Contra Costa County -- it's $7500 for individuals/sole proprietorships and $5000 for business other than sole proprietorships and government. Each county is different.
This is one of those cases where you have to follow the right procedure very carefully. Absolutely do not harass your tenant or cut off their power, heat, water, etc.
You will have to follow the right court procedures and then you can get the Sheriff involved. Look for county and state resources on this to do it right, if you don't want to get an attorney:
http://www.dca.ca.gov/publications/landlordbook/index.shtml
http://www.co.contra-costa.ca.us/DocumentView.aspx?DID=413
Unfortunately, this is one of those things that can take 6 months in some jurisdictions.
Bap33
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2011 Aug 26, 12:38pm
too easy ....... contact local housing authority or code enforcement officer, tell them your rental's bathroom will be under construction, creating a very unsafe situation for the squatter-tennant due to no water being on while you rebuild the bathroom. Ask them to help you avoid a public health risk from an occupied unit without proper facilities.
since you would be forced by the housing authority to relocate your tennant if you force them to live in an unsafe unit, then that means those housing enforement folks will have no choice but to evict the squatter for you -- for the good of public safety, and EPA rules about human waste inside homes.
Katy Perry
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2011 Aug 27, 2:23am
Another dirty little trick is to write the tenant a letter that you forgive him those $2000 in past due rent.
I don't think you meant write a letter. I would hang you out to dry with a letter if you did that to me. dead beats eat people like you for lunch.
You offer them Cash for Keys,...hello!
Why would they take cash for keys when they can get rent for free?
Katy Perry
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2011 Aug 27, 4:03am
You offer them Cash for Keys,...hello!
Why would they take cash for keys when they can get rent for free?
I don't know why do the banks do it then? if the big boys do it, so can you.
When it comes down to it. people need money to move. I'd also offer a letter of recommendation along with the CFK. so tenant will have no issue finding another place.
make it easy for tenant,..then they can make it easier for you. ( banks have figured this out.)
I guess trust is the main issue here.
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I have a friend who is in the process of trying to do a short sale on her property. She has a tenant in the house and the tenant stopped paying rent as soon he found out the home was going through foreclosure. The tenant will not let her or her RE Agent in to see or show the house even with a 72 hour notice which makes it hard to sell.
She served the guy with a 3 day quit but the tenant said the serve wasn't done correctly and the judge sided with the renter. She was having problems serving the renter the second time so I helped her out and served the guy myself, signed the papers and she filed the papers with the court. The court set a hearing date for late September which is frustrating for my friend because she wants to get the tenant out so she can short sale the house. I personally think the tenant is trying to wait her out until the house goes into foreclosure so he can stay a couple more months rent free.
What options does my friend have without hiring an expensive attorney. Also, can she take the tenant to small claims court to recover past rent due before the home goes into foreclosure or is sold.
#housing