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General Landlording & Rental Properties

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Chris Williams
  • Fresno, CA
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Removing a tenant from a burned house?

Chris Williams
  • Fresno, CA
Posted Sep 22 2011, 17:21

Hey! I have an odd situation that hopefully some of you can help me out on!

We are in the process of wholesaling a property in California which had it's roof completely burned a couple weeks ago. The property is totally inhabitable and no one is living there but the old tenant still has a bunch of belongings there.

Here's our dilemma. My business partner was walking through the property today with our buyer when the tenant showed up. She (the tenant) exclaimed that she will not be removing her belongings anytime soon because she has "90 days." Our buyer later told us that he will not purchase the property until all the belongings are out of the property.

Now I know that she doesn't have 90 days (I don't know where she got that from), but it seems like technically she has abandoned the property since she is not living there.

Does anybody know what we can do to get her stuff out ASAP? Preferably without paying her money.

Again she is not living in the property she merely has some belongings there.

Thanks!

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Steve L.
  • Investor
  • Rancho Cucamonga, CA
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Steve L.
  • Investor
  • Rancho Cucamonga, CA
Replied Sep 22 2011, 17:26

You can call code enforcement. Get the property red tagged as inhabitable. After that you can post a personal property notice (I think it is 17 days). I don't know if code enforcement is already aware of the fire or not?

If I was in your situation I would offer to help her move her stuff for free. Hire a crew, a truck and just be done.

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Chris Williams
  • Fresno, CA
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116
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Chris Williams
  • Fresno, CA
Replied Sep 26 2011, 10:10

Thanks Steve.

We figured it out. California Civil Code Section 1951.3

http://law.onecle.com/california/civil/1951.3.html

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