LakeWood , CA · Member since 2018 · 268 posts · 331 votes
Ladies and Gentlemen,
I need some feedback. I need some knowledge. I would like to know what’s next? Has anyone else dealt with issues like these before? Property is a 3plex. Non rent control area. Served a proper 60days notice to vacate. Property is located in Whittier California.
Is the tenant confusing "Notice to Vacate" with "Eviction"? I've come to realize that many tenants don't understand the difference and call it an eviction when the landlord was simply asking them to vacate at the end of their lease. Your tenant may think this is an eviction and is panicking to protect his/her record.
Has their attorney contacted you or did the tenant say they were getting an attorney? Has the relationship between you and the tenant been rocky?
Lawyer up. He wants a fight. He probably has a lawyer already. $5,000 and waive all back rent is a common settlement. But if he has a lawyer they will fight for more.
Anyone Reccomend any great lawyers out in SoCal?? It’s weird how this would come about. Specially in a NON rent control area being a month to month tenant🤔
Is the tenant confusing "Notice to Vacate" with "Eviction"? I've come to realize that many tenants don't understand the difference and call it an eviction when the landlord was simply asking them to vacate at the end of their lease. Your tenant may think this is an eviction and is panicking to protect his/her record.
Has their attorney contacted you or did the tenant say they were getting an attorney? Has the relationship between you and the tenant been rocky?
I'm confused. Are you evicting? Or just ending his lease? Now granted, I have much less experience than many others on here, but the two terms are NOT interchangeable, but could be part of your problem. If you are telling the tenant you are evicting them, they are probably concerned that they will have an eviction on their record, thereby impacting future rental, credit, etc. Completely different story if you just are not renewing the lease. Of course, it is probably further complicated by the fact that you are in California.
Am I oversimplifying? Isn't eviction different from not renewing the lease?
Contrary to some advice, do not lawyer up. I just looked up the California process. This appears to be a nonsensical move by the tenant...as if he can start this process. Check out California Tenant/Landlord laws and follow what it says. Educate yourself...don't panic. Your tenant does not initiate this process, you do. Sounds like someone is wading in BS.
Thanks to everyone here in bigger pockets for their concern and their feed back. Much appreciated.
Let me clarify it alittle better.
I personally handed my tenant (a month to month tenant) a 60day notice to vacate the property. I talked to my tenant and I explained to him I wanted to remodel the unit he’s currently occupying with his son. He was not happy. But he said he will start looking. Fast forward to February 1. He’s still in the unit. 🤷🏽♂️. I immediately went to the court house and filed an unlawful detainer lawsuite against him. He responded to my claim with a request to a Jury Trial.
@David Moore Either the landlord OR the tenant can initiate the request for a jury trial in California.
@Ricardo P. If you've already talked to the tenant and he still responded to your unlawful detainer suit with a request for a jury trial, then you probably are going to have a fight on your hands.
Unfortunately there are attorneys out there that specialize in representing deadbeat tenants and help them stay in the property for as long as possible, all while not paying the landlord a dime.
I'd recommend you retain the services of a competent landlord-tenant attorney in your area to help you through this process. Good luck.
The tenant moved into the unit on October 1st of 2017 with his 8year old son.(that’s why he was given a 60day notice to vacate the property) he moved into a 1bed 1bath unit. Always been a MONTH to MONTH tenant. Property is NOT in rent control. I’m just waiting for my trial date to come in. 🤔
From what I have read in previous cases like this... perhaps drop it. Remodeling alone is not normally a legit reason for a voluntary eviction without compensation and that is basically what you requested from this tenant. I am not an attorney. Good luck!
I would not drop it. Whose apartment is it anyway? If Ricardo wants to use that unit for storing rubber chickens, it is well within his right to do with his property as he wishes. There is no compulsion at all, here. Imagine if he drops it, how difficult this tenant becomes going forward.
There is one factor to consider here, from the tenants perspective....food for thought for future years. The 8 year old kid could be what is making the dad belligerent. Changing schools in the middle of the year can be an issue. In future situations, wait for summer to do this type of turnover, if possible.
I would not drop it. Whose apartment is it anyway? If Ricardo wants to use that unit for storing rubber chickens, it is well within his right to do with his property as he wishes. There is no compulsion at all, here. Imagine if he drops it, how difficult this tenant becomes going forward.
There is one factor to consider here, from the tenants perspective....food for thought for future years. The 8 year old kid could be what is making the dad belligerent. Changing schools in the middle of the year can be an issue. In future situations, wait for summer to do this type of turnover, if possible.
The one thing he has going for him is it is not rent control otherwise he would legally have to pay for relocation. Since it is not rent control he might have more options and the notice is suffice IDK. What he can do and what he should do practically, might be two different things. Let us know what the attorney says. Good luck!
I'd highly recommend Dennis Block in Los Angeles (evict123.com) to help you weigh your options. One of the attorneys from his firm just won a jury trial in favor of the landlord.
You may also find it useful to go to the Apartment Owners Association website magazine at https://www.aoausa.com/magazine/ and in the search box type in basta. It will pull up eight articles and the fourth, first and eighth articles are those that you may find very useful. Hopefully you will be able to use the information to help yourself.
Hold on, So he moved in Oct 1 and your served him a 60 day notice two months later? Dang, no wonder he is pissed, I would be too, moving is such a headache! I'm sure you have your reasons but its understandable that this guy doesn't want to play nice. Good luck!
We've done a few evictions in Whittier (you'll get the Norwalk courthouse now, not Long Beach). Although California is tenant friendly, the courts are still very focused on upholding the law. If you followed the proper process for serving and filing - which can be a challenge to do exactly right if you haven't done it a few times before - you should prevail.
I've spoken with Mr. Brennan before and he seems quite sharp, although I have not hired him for any work. My brother has used Dennis Block for evictions before. I would also refer to Brian Heckmann, whom we've used for one complex eviction and have gotten consulting with on others when we went the DIY route but wanted a little backup.
We purchased and studied the Nolo book "California Landlord's Law Book vol2 : evictions" (although an older version than currently sold on Amazon). Its hard the first time, but certainly doable.
I agree with @Ricardo P. Why don't you ask the tenant if he would move out at the end of the school year and do your remodel then? Your time to deal with the eviction may be spent better elsewhere.
He moved into the property in Oct of 2016 and I gave him his notice to vacate the property in December 2017. I’m just waiting for my Trial date. Thanks guys for all the comments
What does the Tenant want? If you have served him proper notice that you are not renewing his lease, or discontinuing the auto-renewal of a month to month, I don't understand how their can be any further discussion about it...?
If you feel like he will fight you by claiming you didn't property notice him, then start the process over again. Certify mail him the notice to vacate, then go down to the court and file. Make sure you use the appropriate method for process service and so forth.
ANYTHING you haven't done right in the process is another out the Tenant can use to stay in longer, and start the process over. You have to follow the process to the letter.
@Ricardo P. If he's truly a month-to-month tenant and has not vacated the unit with the proper notice, no need to panic. Just go through the procedure of eviction. File the paperwork. Pay the fees. If it goes to court, be prepared to show your documentation to prove your case. Good luck!
Thank you to everyone at BP for their concerns and feedback. Everything everyone on here is saying is taken into consideration. I’m not sure what he wants he was properly served with the notices+ I’m 100% sure he’s on a month to month that he himself signed. I guess there’s just people out here in this world so unhappy that want to make someone else’s life like theirs🤷🏽♂️