Good afternoon! Looking for advice on a tenant who I sent an eviction notice 60days ago and today I was told he was not moving. He states he spoke to a lawyer and they told him he did not have to evict since the notice did not state a reason for the eviction. Tenant also stated he had mold in the closet which was due to a leak that was fixed back in may and this week we will be addressing the mold. He states I should have provided him with more time since he has lived in the home for 7 years and although he has looked for a home to rent he has not found anything currently. Property is in San Diego, CA. Looking for any advice or similar situations. Just some more back story tenant has made many changes to the property without prior approval and is currently on a month to month since no lease has been renewed for quite a few years. Reason for the eviction is 1. the house is not renting at current rents and 2. Bathroom needs re piping and complete remodel. Tenant has paid rent every month.
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
5y
First I am assuming this is a single family until and not a multi family unit (duplex, triplex, etc). The answer is very different for a multi family due to state wide rent control.
You have the notice duration correct when tenant is on a month to month lease and has lived in the unit over a year. The fact he has been tenant 7 years, or even 50 years, does not require more than 2 months notice of termination. A lease termination of a month to month lease does not require a reason. Because tenant has both of these items incorrect, I highly suspect 1) he did not talk to a lawyer 2) he did not even take 10 minutes to research the items.
In California there is still a eviction moratorium. Your tenant, by declaring a financial impact from Covid, can temporary prevent any lease termination. This currently expires at the end of September so, assuming it does not get extended, it will not gain your tenant much additional time.
If tenant has not moved out, you may have to start the eviction process (versus termination of lease process that your tenant is ignoring). If the relationship is civil, I recommend you start by having a conversation that explains that you will be proceeding with an eviction (research the eviction process) and that an eviction will result in it being very difficult for the tenant to rent a nice home for years. Indicate that you are going to start the eviction process, but if he is out in 10 days and the unit is in expected move out condition, you will provide a positive referral and the eviction will not be on his record. If he does not voluntarily leave, you will have to evict him and it will take more than 10 days (probably much longer than 10 days.
If the unit is a multiplex, you can terminate lease for a rehab that is extensive enough that the tenant cannot reasonably occupy the property. If there is a hazard that requires abatement, that clearly would require tenant to vacate.
Investor · Narragansett, RI · Member since 2013 · 8k+ posts · 4k+ votes
5y
@Estefania Concha I am not sure about California but anywhere else this would be a termination of tenancy with notice/non-renewal. An eviction would take place after you gave notice and they holdover after the last date of occupancy you specified in your notice. You need to check if there are any restriction based on the length of occupancy and rent control. Since you are in California it probably would be best to consult an eviction lawyer. You have rent control in some areas. Also if the reason for terminating the tenancy is that they aren't paying market rent see if you can raise rent to market rate.
@Colleen F. Yes sorry it is a termination of tenancy. Laws of California require that I give a 60day notice if the tenant have lived in the home for over a year. I’m just unsure of now how to handle him not wanting to leave on the first of September.
Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes
5y
First I am assuming this is a single family until and not a multi family unit (duplex, triplex, etc). The answer is very different for a multi family due to state wide rent control.
You have the notice duration correct when tenant is on a month to month lease and has lived in the unit over a year. The fact he has been tenant 7 years, or even 50 years, does not require more than 2 months notice of termination. A lease termination of a month to month lease does not require a reason. Because tenant has both of these items incorrect, I highly suspect 1) he did not talk to a lawyer 2) he did not even take 10 minutes to research the items.
In California there is still a eviction moratorium. Your tenant, by declaring a financial impact from Covid, can temporary prevent any lease termination. This currently expires at the end of September so, assuming it does not get extended, it will not gain your tenant much additional time.
If tenant has not moved out, you may have to start the eviction process (versus termination of lease process that your tenant is ignoring). If the relationship is civil, I recommend you start by having a conversation that explains that you will be proceeding with an eviction (research the eviction process) and that an eviction will result in it being very difficult for the tenant to rent a nice home for years. Indicate that you are going to start the eviction process, but if he is out in 10 days and the unit is in expected move out condition, you will provide a positive referral and the eviction will not be on his record. If he does not voluntarily leave, you will have to evict him and it will take more than 10 days (probably much longer than 10 days.
If the unit is a multiplex, you can terminate lease for a rehab that is extensive enough that the tenant cannot reasonably occupy the property. If there is a hazard that requires abatement, that clearly would require tenant to vacate.
Don't be cheap and always hire an attorney when terminating or evicting a tenant because there are too many laws to deal with, too many changes in laws and a decent attorney turns over every stone before filing for the eviction in court. The average price we pay an attorney to get rid of a tenant is $750 to $850 and well-worth that cost because you can sleep better at night and use the time you save to focus on your family or other business affairs.
Another huge mistake you are making is; you are dealing with and listening to your tenant. The very first thing you want to do when you evict a tenant is you want to cut off all verbal communications. You want all communications to be 'in writing' where you only forward the communications to your attorney and you want to eliminate all arguments. Example. When you communicate with your tenant and give your tenant any type of 'reason' you just created an 'argument' where your tenant fires back and threatens you. Pay an attorney to deal with all that crap and you will get your tenant out much faster and actually save hundreds or thousands of dollars.
When I evict a tenant I don't worry about the situation for one minute. I don't care about what the eviction costs and I don't lose one minute of sleep. I don't discuss the eviction with my wife for even one minute with the exception of discussing issues pertaining to communications with our attorney. Evicting a tenant is just a part of doing business and it is an expectation.
@Estefania Concha If you don't have a long term lease with him, and he's paying every month, I would just start increasing the rent to market value. Give him options (in writing and dated). One for month to month (which should be slightly over market). One for 6 months which is slightly less. And one for 1 year, which is at market value.
It seems like he's a long term tenant that pays, and you've tolerated him for 7 years, so he cant be that bad. If you need to fix the pipes, then just give him notice. You dont need to remodel if he's already in there paying rent.
Moreover, I would be careful of serving evictions in CA as the laws usually side with the tenant.
Property Manager / Investor · San Jose, CA · Member since 2013 · 779 posts · 301 votes
5y
@Estefania Concha Get professional legal help. The current laws/situation are very tenuous in CA right now. You need professional legal help to navigate the constantly changing winds.
Good afternoon! Looking for advice on a tenant who I sent an eviction notice 60days ago and today I was told he was not moving. He states he spoke to a lawyer and they told him he did not have to evict since the notice did not state a reason for the eviction. Tenant also stated he had mold in the closet which was due to a leak that was fixed back in may and this week we will be addressing the mold. He states I should have provided him with more time since he has lived in the home for 7 years and although he has looked for a home to rent he has not found anything currently. Property is in San Diego, CA. Looking for any advice or similar situations. Just some more back story tenant has made many changes to the property without prior approval and is currently on a month to month since no lease has been renewed for quite a few years. Reason for the eviction is 1. the house is not renting at current rents and 2. Bathroom needs re piping and complete remodel. Tenant has paid rent every month.
Rental Property Investor · Glendale, CA · Member since 2013 · 685 posts · 334 votes
5y
California laws are ever so evolving due to COVID. Now isn’t the time to take on an eviction.
I do not recommend going at this alone in any event. Seek legal counseling and proceed with an eviction - if you must.
I personally would have held off to see if the Ca moratorium would expire in September or if its going get kicked back another couple months.
Nevertheless, the tenant has brought to your attention that he hasn’t mold. This is a health code violation. Make sure your address it in a timely manner.
Investor · Laurel, MD · Member since 2014 · 251 posts · 140 votes
5y
@Estefania Concha didn’t read all comments but enough to know you are going about it wrong. You are giving notice to vacate as you will not be renewing lease. 60 days is plenty of time and you don’t need a reason to not renew. There are some instances where you do need a reason and having to do a major renovation is one of them. Under no circumstances say this is because the rent is low and you want to raise rent. If tenant doesn’t vacate then you file tenant holding over with the courts. THEN you are evicting. Right now you are just asking them to vacate.
Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
5y
@Estefania Concha
Please know, I mean this in the most loving and constructive way possible, but you are woefully underprepared to be a landlord. You should consider hiring a property management company.
I say this because your rental is in California and this is known as the most tenant friendly state in the country. Trying to be a landlord there without doing serious research is like going into the Olympics and learning the sport as you go.
Property Manager · Bay Area-Greater Sacramento · Member since 2021 · 94 posts · 51 votes
5y
@Estefania Concha Unfortunately your tenant is correct in the fact that you must have a "tenant at fault just cause" currently due to the tenant protection programs...normally this does not apply to single family residences owned by an individual.
The amount of notice you gave is correct. What modifications have been made? If you have documentation of unauthorized modifications to the home that would stand in court potentially you can try to reserve a 60 day notice with that as a tenant at fault just cause.
By the time that notice reaches its end if the tenant still does not move out hopefully the moratorium will be over and you can proceed with evicting them. Other options, perhaps cash for keys if this tenant might accept that?
Rental Property Investor · Sacramento, CA · Member since 2016 · 93 posts · 85 votes
5y
@Kelsey Bailey I second this. Many people here are not from CA so it’s kind of not surprising it took this far down in the thread to get correct info.
In CA if tenant has resided in property for one year or longer you cannot evict without just cause unless it’s a single family property(excluded) or owner lives on one side. And even with just cause you need to(waive last month for ex) pay for one month of their rent or provide them with one month of market rent funds upon move out.
More importantly- what is a just cause? The main ones are below.
- owner performing significant renovations
- tenant breaking lease agreements
- owner moving in
- owner taking property off market for more than a year
Rental Property Investor · Sacramento, CA · Member since 2016 · 93 posts · 85 votes
5y
Should also add- if tenant has resisted there for one year or longer and reason is not provided on request to vacate, the notice to vacate is voided and not legitimate
@Estefania Concha Unfortunately your tenant is correct in the fact that you must have a "tenant at fault just cause" currently due to the tenant protection programs...normally this does not apply to single family residences owned by an individual.
The amount of notice you gave is correct. What modifications have been made? If you have documentation of unauthorized modifications to the home that would stand in court potentially you can try to reserve a 60 day notice with that as a tenant at fault just cause.
By the time that notice reaches its end if the tenant still does not move out hopefully the moratorium will be over and you can proceed with evicting them. Other options, perhaps cash for keys if this tenant might accept that?
Let me know if you want to chat further,
My interpretation of the just cause requirement is that it only applies to evictions and not lease terminations. Can you site your source showing just cause must be provided for a lease termination under the current statewide Covid rules.
Granted if the tenant refuses to leave, an eviction will be required so the point is subtle in the case that a tenant refuses to leave at lease termination.
Property Manager · Bay Area-Greater Sacramento · Member since 2021 · 94 posts · 51 votes
5y
@Dan Heuschele
I’d give a read through here: https://housing.ca.gov/tenant/protection_guidelines.html
This specifically mentions 30 and 60 day notices. It does use the term eviction throughout as people are mentioning in this chain, but I’d presume it’s better to be safe than sorry and have a just cause on your notices to vacate. If a tenant pushes back and brings up COVID in court I’d presume judges will favor tenants as they so often do.