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cotenant issue/ termination of tenancy/fire hazard
by Duane
on January 4, 2020 @18:18
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Tenant "A" living in California duplex back house with wife since 2011. Wife dies 12/18, Landlord does not find out till 7/19. Tenant "A" wants a roommate. Roommate is found and added to lease, agreeing to all conditions of the lease. (Tenant "B"), they are co-tenants, tenant B and tenant A are both listed on lease. No specifications for rent amounts. Both responsible for all conditions of the lease equally. Tenant A has given 30 day notice to vacate. its a month to month lease (according to co-tenancy) Do to this 30 day notice, I as landlord want both tenants to leave. Tenant B has not paid any rent and had become combative. for the past 3-months tenant A has paid by check with $950.00, tenant be has paid cash of $700.00. At this point we have not received the $700.00 from Tenant B. Her rent is technically late on 1/5/20 @ 6 pm.
Today I met with Tenant A at the property. He and his sister said when they entered the property they discovers the KITCHEN STOVE LEFT BURNING. Tenant A called and informed me of the situation. When I arrived the kitchen was quite warm, fortunately no fire had started. Tenant A also informed me that tenant B has done this several times in the past. That is tenant A's opinion, Tenant B is dangerous and negligent.
I want both tenants gone, I am concerned with tenant B, becoming combative and possible starting a fire. What can I do to expedite getting tenant B out?
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Re: cotenant issue/ termination of tenancy/fire hazard
by Daniel (CA)
on January 5, 2020 @12:52
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hire a lawyer
but for the most aggressive but risky ( I would take this risk if I was worried about arson) if T B is just absent minded then it would be safer to process an eviction through a court.
1. make sure tenant A leaves the place empty when he moves out, including any of B's possessions. tell A that he will get an eviction on his record even if it is just B that gets evicted. (make it clear to A that the place must be empty of all significant possessions )
did you send the tenant the proper notification of acknowledgement of move out and tenant rights to a walkthrough? if not
2. in the notification of acknowledgement of move out and tenant rights to a walkthrough address it to tenant A and tenant B and all in possession.
3. conduct a walkthrough if tenant A requests.
4. meet with T A on move out day and make sure it is empty, change locks on the spot and do not allow entry to anyone after he returns keys to you.
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