Tenant Refuses to Leave Property

59 Comments
Reads 8752

By an edhat reader

I'm in a situation where I need to speak with a service or attorney about tenants who refuse to leave a rental property. I'm helping my elderly mom rent her (previous) home so she's not in a position to pay a lot of money to get them out. Any recommendations for a reasonable attorney or service to provide guidance is appreciated.

Login to add Comments

59 Comments

Show Comments
a-1600976842 Sep 24, 2020 12:47 PM
Tenant Refuses to Leave Property

Yes, sometimes it's the best solution depending on the situation. I do recommend that you do not relinquish the right to take the tenant to small claims court later to recoup the unpaid back rent. This doe not necessitate an attorney for the process.

a-1600897503 Sep 23, 2020 02:45 PM
Tenant Refuses to Leave Property

This is 100% the best answer, commonly referred to as "cash for keys". This tenant has shown you their true colors, they do not care about your needs as a landlord. So you need to provide them some incentive. It's ass-backwards, but in the current no-eviction situation, it is by far the best solution. I would recommend you still reach out to a real estate attorney to ensure you handle it correctly.

SBSand Sep 23, 2020 01:53 PM
Tenant Refuses to Leave Property

This is a tricky time to evict tenants! If they have been there for over a year you have to give them at least a 60 day notice and with covid, depending on their situation, you may actually have to wait until January. Why is she trying to evict them? Planning to raise the rent? I would tread carefully right now with the extra protections that the state has put into place to protect renters, your mom could find herself with a massive headache from trying to evict unless she has just cause and even then, it is delicate right now. There are more renter's rights than ever and while it doesn't seem fair because homeowners absolutely should be able to do what they want, it could backfire and your mom could end up with fines if not doing things the right way.

SBSand Sep 24, 2020 07:43 AM
Tenant Refuses to Leave Property

They SHOULD be able to evict and renovate and rent for more or evict and sell the home, etc., with adequate notice. I am a renter and I believe that the homeowner SHOULD be able to do those things. Not frivoluously though! Renters who refuse to pay, or leave, or take care of a property give all of us renters a bad name! I am a good tenant and pride myself on it, my rent will be paid even if I lose my job, I'll work 3 jobs if that is what I have to do. Renters need to be responsible and make sure that they can pay their way, period.

yiannis93101 Sep 23, 2020 07:12 PM
Tenant Refuses to Leave Property

NO! Homeowners should NOT be able to absolutely do What they want. That’s the problem with Santa Barbara. I am so glad renters have more protection right now during Covid.

Hazel Sep 23, 2020 01:45 PM
Tenant Refuses to Leave Property

https://weleaseusa.com/how-to-evict-problem-tenant-in-california/#:~:text=Filing%20the%20Unlawful%20Detainer%20Action,Sheriff%20to%20remove%20the%20tenant.

sacjon Sep 23, 2020 01:43 PM
Tenant Refuses to Leave Property

Sorry to hear that, that's no fun. Are they paying rent still? I also recommend the Legal Resource Center in the SB Courthouse. https://www.sbcourts.org/sh/lrc/ ---- Good luck!

mp805 Sep 23, 2020 01:27 PM
Tenant Refuses to Leave Property

For best advice and how to proceed I would contact Santa Barbara Rental Property Association https://www.sbrpa.org/

Pages

Please Login or Register to comment on this.