Daly City, CA · Member since 2013 · 1 post · 0 votes
Hi all,
I just bought a property in San Francisco through an auction. The previous landlord (a management company hired by the bank) has left eviction notices on the door. We've been trying to contact the tenant by leaving notices on the door but no response. I would like to at least have an appraiser go in so that I can get cash out on the property. So my question is, can we enter the property after serving a notice of entry? If so, how long do I need to wait in case of no response?
Thanks a lot.
Landlord · San Diego, CA · Member since 2012 · 129 posts · 49 votes
13y
I wouldn't touch this without legal counsel. Not only are you dealing with tenant friendly California law, you're dealing with potential San Francisco muni code which probably requires that you commune naked with the tenant and express your mutual respect in each others belief systems while downloading the latest social media app on your iPhones. Not that there aren't some great minds and a lot of knowledge here, but I'd be hesitant to follow instructions from anyone not familiar with CA and SF laws/regulations.
Rental Property Investor · Mercer Island, WA · Member since 2008 · 22k+ posts · 14k+ votes
13y
CA is a very tenant friendly state. Have you peeked in the windows and verified someone is there? If so, you're going to have to evict. Might as well get a lawyer and do things properly from the start. The lawyer could advise you w.r.t. your rights to enter.
Rental Property Investor · Scottsdale, AZ · Member since 2010 · 390 posts · 599 votes
13y
In AZ I post a notice of abandonment which gives the tenant 5 days to make contact. If no contact is made you have the legal right to retake possession. If they are hiding this notice gets their attention and if they are gone then I repossess. Check CA laws for abandonment.
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
13y
I agree with check the electric meter. Assume the refrigerator is plugged in if somebody is living there, so it always draws a bit of electricity. Hence, if the meter is one of the older analog models, you'll see the wheel spinning around thus occupied; if it is a digital model, you should see the digits increase thus occupied.
Also, go read all of the notices left on the door already. If any of them mentions re-keying, then the occupants might already be gone.
The notice I put up after buying one at auction reads something like this:
NOTICE TO OCCUPANTS
Date: ______
To: ALL OCCUPANTS
To ANY AND ALL OCCUPANTS now in possession of the below described premises:
Property Address in bold
You are hereby requested to quit, vacate and deliver possession thereof to the Owner's Agent (shown below) on or before ________ . In order to secure the premises, the Owner has intentions of having a locksmith change the locks on that date.
This notice to vacate is due to acquisition of this property at Sheriff Sale by ________________ the Owner of this property.
Should you fail, refuse or neglect to vacate said premises by the given date shown above, legal action (as the law requires) to obtain prompt possession will begin so as to evict or remove you from the premises.
Should you have need to remain in possession beyond the date mentioned above, yet are willing to surrender possession of the premises voluntarily without need for legal action on the part of the Owner, you should promptly contact the Owner's Agent whose information appears below to attempt to make an arrangement.
Thank you for your cooperation.
Agent name: ______
Agent's phone: ______
Then another notice of changed locks gets put up. And I have another sheet that I put up that uses larger fonts to be posted with some other info.
Landlord · San Diego, CA · Member since 2012 · 129 posts · 49 votes
13y
I wouldn't touch this without legal counsel. Not only are you dealing with tenant friendly California law, you're dealing with potential San Francisco muni code which probably requires that you commune naked with the tenant and express your mutual respect in each others belief systems while downloading the latest social media app on your iPhones. Not that there aren't some great minds and a lot of knowledge here, but I'd be hesitant to follow instructions from anyone not familiar with CA and SF laws/regulations.
Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
13y
Even if the property IS VACANT you better be real clear on using that abandonment angle.
There are personal property disposal laws that vary by state. There are minimum amounts usually stated where it is suggested by eviction attorneys to go through the process.
If you do not you can get hit with a big lawsuit stealing their JEWELS they say they had. Just because it is vacant does not mean they are not using the property to store their belongings. If that is the case you simply can't just change the locks without due process and do a self-help eviction.
I was reading the other day how different states were founded on different kinds of law and it is interesting how different each state is for tenant landlord law.
Real Estate Investor · Lafayette, CA · Member since 2010 · 179 posts · 71 votes
13y
i agree with Joel Owens comments. I had a huge lawsuit from a property that i thought was abandoned. (bought property at auction)
1) place insurance on the property before you do anything, make sure they will cover you for a legal defense should anything arise, i like safeco,foremost, through Farmers Insurance,
2) call the Evictors, they are based in Oakland Ed Nagy- is the attorney and has been doing just evictions for passed 30 years.
3) do not attempt to change locks- this was my mistake
In California, they are very strict about the proper procedure to remove people and property from a residence. (especially in Berkeley, San Francisco, and Oakland) attorney are just waiting for you to miss a step.
Rental Property Investor · Manteno, IL · Member since 2009 · 2k+ posts · 2k+ votes
13y
You could just post a note saying that they muct contact you within 5 days before you enter and remove their belongings as you believe the property has been abandoned.
I'm not suggesting you actually do that but sometimes bluffing a tenant is very useful and far cheaper than the alternative. Hopefully, that will get them to at least call you so you can try to work something out.
Couldn't hurt to try at this point. In the meantime, I'd start finding attorneys for the eviction in case the bluff doesn't work.
Real Estate Investor · Audubon, PA · Member since 2009 · 13k+ posts · 8k+ votes
13y
Mike H. - EXACTLY! That's what my signs posted are trying to get to - the occupants contacting you to make a deal (AKA "cash for keys"). Just because you put something on the door doesn't mean you will strictly do that, but the occupants aren't sure ...
