Tenant Eviction - Landlord Forum thread

Tenant Eviction by Will (CA) on July 15, 2012 @00:40

I am having an issue with tenants who are not moving out. The situation is a family comprised of grandparents and a son and his family. The lease is under the name of the grandparents and they told me a month ago that were going to move out...giving me their 30 days notice to move out. They are moving out tomorrow (July 15). However, the son is saying he has no place to live and can't move out. What recourse do I have. They have been paying the rent with separate checks. I have new tenants that are supposed to move in by August 1st. They say they will move out by then, but I have to do some remodeling of a bathroom and a front door that the family messed up. What is the best process to get them out fastest. They still have not paid their part of the rent for the month of July and it already is July 14th. I will write a Notice to Pay Rent or Quit, but that will probably do nothing. Is it best to serve them papers to the Sheriff's Department of Orange County, CA. Still I think that gives me 30 days to move out. I want them out sooner. Any ideas? I am stressing over this.

[ Reply ] [ Return to forum ]

Re: Tenant Eviction by Micah on July 15, 2012 @08:14	[ Reply ]

Send a crusher letter and remind them that everybody will get an eviction on their record. The place is not vacated until everyone moves out so the grandparents will still be oon the hook for the full rent.

Re: Tenant Eviction by A.T.SF (CA) on July 15, 2012 @08:50	[ Reply ]

"They have been paying the rent with separate checks." In California when you have an unauthorized occupant pay a portion or whole of rent to you directly, they become "A Tenant by Proxy". The son can stone wall you by not moving out claiming that he is a legal tenant and you will be paying big eviction fees. When the Grandparents gave you their notice to vacate, you should have answered in writing with expressed directions on what would be required on their part when Vacating the Premises including; that all would be leaving at the same time. Do you have a clause in your lease regarding "Holdovers"? If you do this will help you in the process of removing the son and his family. I would suggest you be at the county court house, or city hall first thing Monday Morning and file your unlawful detainer to remove all occupants.

Re: Tenant Eviction by Jake on July 15, 2012 @10:49	[ Reply ]

The other posters are right. Inform the grandparents that all of the tenants have to be out or you will evict all of them even after all have left except the son. Try to get the point across that this will prevent them from renting again and their credit will take a hit also. Try to get it across to the son that he is too young to carry this around on his permanent credit record. On the 16 file for an eviction. Make sure they take every last piece of junk with them. Be sure to get the keys and change the locks.

Re: Tenant Eviction by Jake on July 15, 2012 @11:28	[ Reply ]

The family is moving and leaving the son because they do not want him to live with them. He will not be able to pay rent on his own. You will need to act aggressively. Begin today by informing the grandparents and parents that you are beginning the eviction process on monday. Get the forms and fill them out yourself. You do not need a lawyer. Get the notice of eviction of immediately by certified mail. You can send it to your rental. If you have a forwarding address, send a second notice there too. Make all parties know that you can not evict only one person. You will have to name all residents on the eviction. Try to get all of them to understand what an eviction will do to their permanent credit record.

Re: Tenant Eviction