Tenant hasn't paid for 6 months, attorney offers little help

Member since 2020 · 2 posts · 0 votes

How can I make this dude leave my property? Already offered him $500 cash if he leaves but nope. Thought about hiring many homeless people to sleep on the property but they might start breaking stuff. The property is deteriorating and this guy needs to leave ASAP before he completely ruins it.

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Donald E Appleberry

Real Estate Agent · San Diego, CA · Member since 2018 · 144 posts · 145 votes

I've dealt with this before. The easiest way to save the property would be to sell. Technically you're not evicting if you sell the property. The new owners are "giving notice to vacate." Had this problem a few deals ago and it worked out fine. However, if selling isn't on the table that is a tough battle. I'll PM you some creative solutions. Just CA logistics unfortunately.

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Russell BrazilBusiness Member
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Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
6y
No evictions the rest of the year with the presidents executive order. So sucks, but you are probably out of luck.
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Specialist · OverTheRainbow · Member since 2020 · 607 posts · 909 votes
6y
Originally posted by @Russell Brazil:
No evictions the rest of the year with the presidents executive order. So sucks, but you are probably out of luck.
I didn't see the part that Evictions are not allowed when I read the EO. What I saw was that each department is called upon to determine if there is a way to minimize COVID-19 transmission and using a moratorium if it is deemed necessary.
Did I miss something? *******
"Accordingly, my Administration, to the extent reasonably necessary to prevent the further spread of COVID-19, will take all lawful measures to prevent residential evictions and foreclosures resulting from financial hardships caused by COVID-19.

Sec. 2. Policy. It is the policy of the United States to minimize, to the greatest extent possible, residential evictions and foreclosures during the ongoing COVID-19 national emergency.
Sec. 3. Response to Public Health Risks of Evictions and Foreclosures. (a) The Secretary of Health and Human Services and the Director of CDC shall consider whether any measures temporarily halting residential evictions of any tenants for failure to pay rent are reasonably necessary to prevent the further spread of COVID-19 from one State or possession into any other State or possession.
(c) The Secretary of Housing and Urban Development shall take action, as appropriate and consistent with applicable law, to promote the ability of renters and homeowners to avoid eviction or foreclosure resulting from financial hardships caused by COVID-19. Such action may include encouraging and providing assistance to public housing authorities, affordable housing owners, landlords, and recipients of Federal grant funds in minimizing evictions and foreclosures.
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Specialist · OverTheRainbow · Member since 2020 · 607 posts · 909 votes
6y
Originally posted by @John Stamos:
How can I make this dude leave my property? Already offered him $500 cash if he leaves but nope. Thought about hiring many homeless people to sleep on the property but they might start breaking stuff. The property is deteriorating and this guy needs to leave ASAP before he completely ruins it.

Need to know city and state to know how to answer the question.

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Jim K.
Handyman · Pittsburgh, PA · Member since 2018 · 5k+ posts · 13k+ votes
6y
Well, John Stamos, you can threaten them with the Greek mafia...
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John Stamos
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Member since 2020 · 2 posts · 0 votes
6y

San Diego

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Specialist · OverTheRainbow · Member since 2020 · 607 posts · 909 votes
6y
Originally posted by @John Stamos:

San Diego

That's why I hate real estate in CA. Sorry, bubb, can't help on that one. AZ, TX, MO, KS, IN there are solutions, not so much CA.

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Donald E Appleberry
Real Estate Agent · San Diego, CA · Member since 2018 · 144 posts · 145 votes
6y
I've dealt with this before. The easiest way to save the property would be to sell. Technically you're not evicting if you sell the property. The new owners are "giving notice to vacate." Had this problem a few deals ago and it worked out fine. However, if selling isn't on the table that is a tough battle. I'll PM you some creative solutions. Just CA logistics unfortunately.
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