Renter wont leave?

Question

Hi here is a question I was hoping someone here would have an answer to. My friend recently moved out of his apt. Instead of selling he decided to rent out his place. So he gets a tenant to move in. On move in day he is informed by the strata that the rentals in the building were maxed out and that they would be fining him for every month that the tenant remains. So he informs the tenant of his dilema and offers her time to find another place rent free until she finds such place. Two and a half months have now gone by and he feels that although it was his fault that she must now vacate and find another place that he is now being taken advantage of since she has made no attempt at moving. So I advise him to call the RTO but they say that since she has not paid any rent that she is not a tenant. And since they only deal with landlord-tenant disputes that they have no suggestions for him.

What do you think he should do now? At what point can he get her to leave? He understands that he has caused her financial burden (ie moving costs and such) but isn't 2.5 months of free rent enough to cover that? Any suggestions are appreciated.

Landlord · Accepted Answer

RTO?  I have no clue who that is.

He does not need to receive rent in order for him to evict her, which is the only option he has.   He does that though the local court system.

norseman · Answer

First of all he has to stop feeling sorry for her and get tough. The financial burden is now on him as long as she stays. And the reason she stays is because it's FREE. If there is a signed rental agreement between them she can legally ignore him until it goes in front of a judge. If there is no agreement he can call the police and have her removed in a few days. 

Non-payment of rent can be a quick eviction. Just make sure you always communicate your intentions to her in writing and give her a chance to act on her own. Usually within 30 days. 

In this case that means either leave immediately, or pay up and leave anyway, and in any event you will be taking her to court until she does leave. That is really the only legal course of action, but a judge will eventually rule in your favor. It's just a matter of how long she's willing to hold out.

Lucy*JakeFanClubFounder* · Answer

He has given her plenty of time. The only thing he can do is to go to the courthouse and talk to a clerk from thr general sessions court and they will tell him what to do from there. He will end up having to take her to court and the judge will then set a date that she has to be out. If she isn't out by then, then they can physically remove her belongings. Surely she wont let it come to that and will probably move once the judge tells her to. It's sad that it has to go that far but it sounds like she has taken advantage of the situation and she has had enough time to realize it. I think she is just waiting out the free ride as long as she can. The sooner he does this, the better.

icanhascheezeburger · Answer

If she's not paying rent, it doesn't matter whether it's his fault or not. She's now trespassing and can be evicted by the police since she's now an unwelcome person who is not a tennent. Tell your friend to give her two weeks notice to please get out or he will have to contact the authorities that she's taking advantage of a living situation and trespassing on his property.

? · Answer

No you won't be able to only lock them out, tenants have criminal rights interior the state of California; you're able to be able to desire to furnish them a 30 day be conscious that they could desire to pass away first or a three day be conscious to pay or stop in case you are able to instruct the non charge of lease. in the event that they decline to pass after that, then you could desire to evict them, a typical eviction takes approximately ninety days in CA in case you do no longer make any blunders. i could propose getting an eviction expert (no longer in basic terms any criminal expert) top of the bat and notice what they are saying, in case you have no longer evicted a tenant in the previous it is going to be the terrific $500-$1000 money you ever spent. next, sue the employer on your cost because of the fact it does not sound like he instructed you the valuables grew to become into prepared approximately tenants, furnish you with a duplicate of the hire and credit you with any of the tenants protection deposit or pre paid lease like he's legally assume too. lease the action picture "Pacific Heights" in case you p.c. to work out how dealing with an eviction incorrect can pass extremely undesirable....

Anonymous · Answer

This is a delicate situation, maybe you should check with a R.E. Lawyer, 
I think you can give her a 30 days notice to move out

trop · Answer

Did you/friend put it in writing? You should have. By all means she can be evicted..in the future....always put things in writing. Obviously she does not care about your friend's situation... Let him give her notice to vacate (3 day notice) !

Anonymous · Answer

Varies... but it is usually 60 dys notice in writing....

Renter wont leave?

8 Answers