I need to determine the most efficient way to get a tenant to vacate.
To summarize, a colleague and friend rented to an unqualified tenant. Lease has expired, LL did send letter of renewal, 6 months, which tenant executed, LL did no sign renewal after received. If that renewal stands the expiration date is now May 15, 2018
Tenant has remedied material lease violations (unauthorized pet, trash on property) but continues to be behind on monthly rent payments.
Judgment for past due rent was granted to LL on march 1, Ll scheduled Sheriff to remove tenant. Tenant did not have judgment money when sheriff arrived but got a ride while the sheriff waited and was able to pay judgment amount.
Co-signer was listed on the lease. He claimed he was unaware he was on the lease and his information had been forged. Magistrate found in his favor at the March 1 hearing.
March 15 rent was due and went unpaid.
so... how does the LL remove the tenant. it is important to note LL does not want to retain tenant even if payment i made.
Also... Legally speaking
1. Date request for hearing – prior to April 23rdor April 23rd and later? Reason: Tenant owes March rent and fees. Next rent is due April 15th, and tenant has 5 day grace period --- April 21s which is a Saturday. If hearing is before April 23rd, can we include the April 15thrent in the amount due or do we have to wait until April 23rdor alter to e able to include the April 15thrent?
2. Should we include the co-signer on the LandLord Tenant complain to sue him with the tenant?
Reason for no: Magistrate’s office adds extra time before trial is scheduled to allow time for the letter to arrive in California. Since co-signer is on active duty, he can complete SCRA paperwork to request a 3 month delay for the trial. Last time, the magistrate divided the money we requested by two when we included the tenant and cosigner.Magistrate ruled in favor of the co-signer and against us. His financial responsibility was 0. Not sure if the half of amount due was because of cosigner or because furnace created extra heat. If there is a trial, we want to receive the full amount, not half. Also, if we include the cosigner, and the magistrate again assigns a 0 to him, not sure if we can collect funds from him after the trial or perhaps the trial and a co-signer’s responsibilities are not related.
Iit's my thought that LL should just process the failure to renew eviction while still following the posting and eviction process for non payment then file civil suite for money owed and damages
Any thought on this or the 2 questions posed by LL
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