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How do you remove a tenant who won't move out of a rental?


               
2011 Aug 25, 3:34pm   17,598 views  34 comments

by Plays2win   follow (0)  

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

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27   justme   @   2011 Aug 30, 11:56am  

Aribas, I wasn't talking about you, was I? Was that not clear from what I wrote?

I was talking about someone I have met in person. Capiche?

28   fergie   @   2011 Aug 30, 12:53pm  

I can't believe there is any empathy for this landlord. They are clearly not paying their mortgage. The tides have changed and the people with character are not the "homeowners" anymore. I'd like to hear some advice for the poor renter who is being subjected to realtards at their door and a desperate landlord who can't pay their bills. I'm sure the landlord moved out prior to putting the place on the market so they wouldn't have to go through the pain. What is happening to this site? Is it now just a bunch of real estate investors? I'm out.

29   FortWayne   @   2011 Aug 30, 2:23pm  

fergie says

I can't believe there is any empathy for this landlord. They are clearly not paying their mortgage. The tides have changed and the people with character are not the "homeowners" anymore. I'd like to hear some advice for the poor renter who is being subjected to realtards at their door and a desperate landlord who can't pay their bills. I'm sure the landlord moved out prior to putting the place on the market so they wouldn't have to go through the pain. What is happening to this site? Is it now just a bunch of real estate investors? I'm out.

If landlord isn't paying, don't pay either. If they aren't holding up their contract, why should you. In CA judge will take your side, especially if you have children who need stability.

I honestly think most people were just messing around with this post, don't take it to heart. Everyone thinks OP is an ass.

30   investor90   @   2011 Aug 30, 4:32pm  

ptiemann " The tenant signed a contract to pay rent. That has nothing to do with the landlord's status on paying the mortgage.

For all we know, the landlord may actually be current on the mortgage. The original post says 'property is going through foreclosure' -- this is not a very specific description of what is going on.

Tenant wanting to live there without paying rent is trying to get something for nothing. I call it a deadbeat's behavior..."

WHOA NELLIE!! I happen to be a tenant , AND have NEVER BEEN LATE,,,and my LANDLORD IS not only a REALTOR...but a builder...developer...rental agent ....property management company owner ----AND HE DOES NOT PAY HIS MORTGAGES....HE KEEPS (read steals) my monthly rent...so he can HELOC for his hobby of collecting expensive art and cars ....BANKS WILL NOT FORECLOSE ON HIM--- How do I know? When the Citibank investigator keeps banging on my front door at 9PM and night leaving notes and letters in the door... TELL ME ABOUT THE TWO DIFFERENT ISSUES? The landlord ALSO owns the local REALTOR organization building....and he pays that mortgage. look up what the NAR says about "ethics"...Yes I companies BUT THEY DO NOT INVESTIGATE...unless I belong to the local Realtor Association AS A REALTOR and they approve of my request. The SOB is on the committee...they are all ON THE SAME TEAM. Complaints to the CAR and California DRE all say this is civil matter...so like you say MY OBLIGATION IS TO PAY THE RENT...and his obligation is ZERO...he is a REALTOR. But nothing stops me from badmouthing the problems with all systems of the house...broken foundation, leaky plumbing... fire hazards...and nothing stops me from telling the IRS about all the rent I and other tenant pay that he refuses to report. That's why the loan companies think he lives here...he lies to the banks as well....they think he is in an owner occupied house. He "owns" the debt on over 60 of them. But his side deals with local banks ...keeps them at bay. TODAY...he is BUILDING NEW HOUSES...in this same area....with NEW construction loans...he is not paying back. One of those new houses has never been sold since 2006---and he keeps on building....not paying contractors OR the banks, or mortgage companies . ALL PREDICTABLE FOR -- "HE IS A REALTOR". They need to be prosecuted and given life in prison. A cabal of Liars cheaters and thieves .... They crap on our country and laugh as they play their games.

31   ROLF   @   2011 Aug 30, 9:20pm  

Subwoofers above tenant's bedroom 24/7. Maybe add some foul smells...

32   zzyzzx   @   2011 Aug 30, 11:34pm  

Find some bed bugs and infect the house with them.

33   justme   @   2011 Aug 31, 5:52am  

Wow, investor90, that is quite a story/

What part of town are his collection of rentals in? And the new unsold developmments?

34   FortWayne   @   2011 Aug 31, 5:58am  

investor90 says

ALL PREDICTABLE FOR -- "HE IS A REALTOR". They need to be prosecuted and given life in prison. A cabal of Liars cheaters and thieves .... They crap on our country and laugh as they play their games.

I'd give him at least 20 years in prison for this shit.

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