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Re: Eviction in San Jose, CA: please help.
by Garry
on July 23, 2019 @23:13
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You should listen to your second lawyer, and do what he says. Right now, you are being your own worst enemy. I get it that you WANT your money. But what you NEED is the tenant GONE. You screwed up by not letting those workers in to get the tenants stuff, so he would be GONE. Getting money from someone can be fought in the courts at any time, for any amount. But you will never be able to sell your house as long as there is a "cloud" over whether the tenant has "legal" possession or not.
Email and call the tenant back, and arrange a date and time when the tenant and his workers can come and get his stuff. Then make sure you are there to let them in, since the T has no key. Tell them to take EVERYTHING that the T owns, and anything left, will go to the dump. Don't talk money AT ALL while they are getting the stuff out. Once the T is TOTALLY out, then next month you can decide if you want to go to court for what the T owes you. Besides, in some states, it is against the law to withhold a Ts personal possessions until they pay you back rent.
And I believe you would have a very weak case, since you already accepted rent for Jan.-June, 2019, without calling it rent for the last 5 months of 2018. A judge may say you had accepted the loss of rents for 2018, and were willing to move forward by accepting rents for 2019.
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Re: Eviction in San Jose, CA: please help.
by SanJose
on July 23, 2019 @23:24
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That's my conundrum.
I'm looking at the mail tracking: the registered mail will be delivered to his address in Canada next week.
It's a "pay OR quit" notice. What if the tenant chooses to "pay" and so he becomes current with all his rents. How do I evict him then?
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