Re: former tenant refuses to remove belongings - Landlord Forum thread 330217

Re: former tenant refuses to remove belongings by Anonymous on January 22, 2015 @10:28

Leila, hopefully a CA landlord will post to clarify the possession of the property. Do you have a document from the tenant where they put in writing they would be out by that certain date? In my state, Texas, I would not have possession unless the tenant returned the keys and the GDO, removed all their stuff, and put in writing that they had vacated the place. In my state a holdover eviction would be in order to gain possession. If he took YOUR fridge, washer and dryer without discussion or agreement beforehand, he owes you for those appliances. Deduct it from his security deposit. Just to be careful I would send him a security deposit reconciliation letter within 30 days, or whatever time frame CA requires from the date he stated he would be out. I would be tempted to go in and rekey the place but he could claim that he has not legally given you possession. I would ask my eviction attorney for advice on this. Good luck with this.

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Re: former tenant refuses to remove belongings by Leila (California) on January 22, 2015 @16:06	[ Reply ]

Thank you! It looks like we will have to take a loss for the appliances unless he decides to man up and pay back rent because he has used up all of his security just on unpaid rent alone. Not to mention the appliances or the damage in the house (holes in walls etc.). We did actually have a locksmith in to change the locks because we have a legal right to access the house but he does have the garage door openers still to access the house...

Re: former tenant refuses to remove belongings by Todd (CA) on January 22, 2015 @17:55	[ Reply ]

"change the locks because we have a legal right to access the house " Where is that located in Cal L/T law. Cannot seem to locate where a landlord can just change the locks without notice to tenant only that's illegal to do so!

Re: former tenant refuses to remove belongings by Leila (California) on January 23, 2015 @00:01	[ Reply ]

We did inform him that we were changing the locks. HE had changed the locks illegally without giving us a copy of the key. Its in our lease that he cannot do this and I believe it is the law also but not sure where and am leaving in a few so can't look for it right now. LL has to have access to the house in case of emergencies.

Re: former tenant refuses to remove belongings