Can I ask tenant to move after lease is over? - Landlord Forum thread 318794

Can I ask tenant to move after lease is over? by Lana (CA) on May 15, 2014 @02:19

In CA with rent control city: can I refuse month-to-month rent after lease is over? I found out that one of two tenants never moved in, though rent was always paid in time. I'm afraid that tenant who will stay won't be able to afford rent, and I don't want her to have roommates. If she stays - Do I need to write month-to-month rent agreement removing other tenant name who never moved in? If I want her to move out - what could be my convincing points?

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Re: Can I ask tenant to move after lease is over? by Bill on May 15, 2014 @09:52	[ Reply ]

Never remove anyone from a current lease. You never know if the nonresident is moving in during the lease. However, when the current lease is over you may write a new one deleting the nonresident tenant if you want. But you do not need a reason for a nonrenewal. You do not need to convince the current tenant why you do not want to renew. Have a talk with your tenant and see if she can afford the rent or if she indeed wants a room mate. You agreed to a room mate when she moved in. Has something changed to raise an objection now?

Re: Can I ask tenant to move after lease is over?

Re: Can I ask tenant to move after lease is over? by Anonymous on May 15, 2014 @23:37	[ Reply ]

Bill is completely wrong on this as he doesn't know California laws. You don't say what city. I am only familiar with Oakland. We can't ask a tenant to leave unless there is "just cause" such as a violation of the lease terms. If you say you want to move into the place yourself, that is one of the allowed reasons, but you have to move in within 3 months and you can't use the same excuse again for at least 3 years afterwards. You also can't use it at all if the tenant has been there for 5 years or is over 60 or disabled. You can't get those tenants out at all unless they violate the lease. The only thing I think you can try is to offer another year lease with the same terms. If both people don't want to sign it, that may be an allowed reason to make them move out. This will also let you find out if the one tenant by herself has sufficient income to qualify. If she tries to bring in a new roommate who isn't on the lease, then that's a violation you can evict for. Look up your own city's laws; they may not be as strict and you may have other options.

Re: Can I ask tenant to move after lease is over?

Re: Can I ask tenant to move after lease is over? by Anonymous on May 16, 2014 @02:56	[ Reply ]

There is probably an appeal process to the rent control board to show your increased expenses to get them to approve a higher rent amount.

Re: Can I ask tenant to move after lease is over? by Melanie (CA) on May 16, 2014 @14:18	[ Reply ]

Lana, most likely there is NO ONE on this board that is extremely well versed in rent control laws, especially since you failed to mention WHICH city your rental lies in. You need expert advice on your questions and DO NOT rely on anything that you read on this site in regards to your situation. There is high probability that one false move could cost you $$$$$$$$

Re: Can I ask tenant to move after lease is over?

Re: Can I ask tenant to move after lease is over? by anon on May 16, 2014 @23:29	[ Reply ]

Study your lease for the answer. You say the lease is over, so the lease is over and the tenants leave and you get new tenants.