Tenant Refuses to Leave Property

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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.

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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/

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!

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.

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.

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.

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.

dukemunson Sep 23, 2020 01:58 PM
Tenant Refuses to Leave Property

Offer them money. With the eviction moratorium (combined with the recent CDC mandate) it's going to be virtually impossible to get a tenant out until February, doesn't matter if they haven't paid rent in months or are even a tenant on the lease. It's a legal nightmare in which your best case scenario is February and over $500 in filing fees (plus whatever the lawyer charges). Offer them money and hope they go....

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.

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.

REX OF SB Sep 23, 2020 02:25 PM
Tenant Refuses to Leave Property

Unfortunately, California law is weighted HEAVILY in favor of the scofflaw tenant. I've been down this road myself with a sociopathic tenant who never paid a dime in rent the entire six months he lived at my property. DUKEMUNSON is right. Offer them money. That's what I finally had to do, and it worked.

a-1600896643 Sep 23, 2020 02:30 PM
Tenant Refuses to Leave Property

There is a landlord-tenant mediation service locally that our tax dollars fund. Legal Aid is intended to help low income clients. Though they might take the side of the tenant. I suspect many ADU owners will get similar unpleasant wake up calls, it is not so great being a landlord in this state once they find they too have a "reluctant" tenant .Screen carefully, particularly ADU which are attached to your own homes..

dukemunson Sep 23, 2020 02:42 PM
Tenant Refuses to Leave Property

Shmonk - Is that directed at the the tenant or the guy trying to help out his mom rent out her former home? It’s seemingly over the top either way and the moderator should pop up and take it down but before that, where are you going with that comment?

Shmonk Sep 23, 2020 03:49 PM
Tenant Refuses to Leave Property

Aw man is my comment to vulgar for you :(

My comment is to the landlord trying to evict a tenant during a pandemic and recession, to be clear.

dukemunson Sep 23, 2020 03:56 PM
Tenant Refuses to Leave Property

Let's say his Mom is in a nursing home and needs the rental money from her house to pay for her new digs. The tenant isn't paying and is refusing to leave. Does that seem right/tenable to you? And what do you do...what makes your job so useful or good that you can condemn someone for trying to help his mom collect some money from tenants refusing to pay/leave.

dukemunson Sep 23, 2020 04:06 PM
Tenant Refuses to Leave Property

That is true, that's why I preface mine with "Let's say"...

Irregardless, it's virtually impossible to get someone out right now whether they have paid or not. So...be careful renting out an extra room in the house , guest house or your Mom's old house...because the tenants have all the power...they basically "own" the place.

Shmonk Sep 23, 2020 04:49 PM
Tenant Refuses to Leave Property

Lets say Lets say Lets say.... I don't make excuses for people I don't know that are committing inhumane and immoral acts. Weird that that is your default setting!

dukemunson Sep 23, 2020 04:51 PM
Tenant Refuses to Leave Property

Your right Shmonk. Quick question: Can I borrow your car and cell phone real quick? I'll bring them back , don't worry...

Shmonk Sep 23, 2020 04:53 PM
Tenant Refuses to Leave Property

Are you equating me lending my car and belongings to a stranger online for no reason to evicting working class tenants during a recession and pandemic?

dukemunson Sep 23, 2020 05:07 PM
Tenant Refuses to Leave Property

I’m taking the Edhater who posted at his word that he/she is helping Their elderly low income mom out and you at your word that anyone who rents out property is a “Leach”. Under those assumptions you are correct in what you presumably are getting... one of us is a SHMUCK/clown.

dukemunson Sep 23, 2020 05:25 PM
Tenant Refuses to Leave Property

We’re both making assumptions... I’m assuming the old low funds mom” is trying to evict due to lack of payment/problems... you are assuming and evil old lady hell bent on kicking people to the curb... maybe the OP will help us fill in some blanks...

a-1600907186 Sep 23, 2020 05:26 PM
Tenant Refuses to Leave Property

Beware of Edhatter versus Edhater. One is an Edhat participant, the other spews hate on Edhat.

Shmonk Sep 24, 2020 12:04 PM
Tenant Refuses to Leave Property

DUKE-- nobody is saying that and you're putting words in my mouth. I am saying, and have been saying from the beginning that it's inhumane and immoral to evict people during a pandemic and for some reason you're on the other side here. Says alot more about you than it does about me *shrug*

dukemunson Sep 24, 2020 12:25 PM
Tenant Refuses to Leave Property

Ummm, your exact quote from the beginning was "Get a real job you leech". You can't evict people for not paying rent right now, that's the established current reality. And that makes sense. But there are "X" number of people abusing the legal loop holes and simply staying in places beyond their lease and/or without any intention or plan of ever paying. They are abusing the system. The law went too far and while it protected good tenants, it also protects deadbeats abusing the system (and does absolutely nothing for landlords who still have property tax bills due and the delayed mortgage payments all due). So...to return to the OP's question...under the assumption they aren't paying rent and are simply refusing to leave, offer them money (more than you probably are thinking and definitely more than you want to) because you have virtually no rights or power to do anything till February...

a-1600977093 Sep 24, 2020 12:51 PM
Tenant Refuses to Leave Property

You CAN evict someone as of recently if they are violating the lease/rental agreement. But it needs to be a good reason beyond not paying rent(as if that's not good enough). The laws are bent so far over to "help" the tenant it's ridiculous.

Alexblue Sep 24, 2020 05:51 PM
Tenant Refuses to Leave Property

Okay, SHOMK, so if it is immoral to evict a tenant for non-payment during a Pandemic (and why you are assuming that every case of non-payment is related to the Pandemic I have no idea), where is the morality in a tenant causing a bank foreclosure and seizure of a property that someone may have worked long and hard to buy?

Just F the landlord and no concern at all for that? Really?

See, it's attitudes like yours that got me out of the long term rental business and in to short term rentals only.

I decided I don't want to have to be put in the position of evicting good people in hard times to protect my own economic security just as I don't want to be put in to the position of trying to evict a criminal or psycho tenant and deal with that stress.

So...short term only. Pretty close to stress free.

a-1600897115 Sep 23, 2020 02:38 PM
Tenant Refuses to Leave Property

State of Calif has a dot-gov website - Landlord Tenant Resources that explains the maze of technicalities one faces trying to evict a tenant today: https://landlordtenant.dre.ca.gov/index.html Then check with Santa Barbara tenant protections on top of the federal and state protections. Then ask yourself, why do they think no one has built any new rental apartment complexes in this state? And why mom and pop landlords get to the point they would rather leave a rental empty and simply build equity in the property, instead of risking ever renting the property out again.

PitMix Sep 23, 2020 02:47 PM
Tenant Refuses to Leave Property

How does that offering them money thing work? Do they hand you the keys and then you hand them a wad of cash? Or do you have them sign a legal document releasing all interest in the house first? I can see a 1000 ways this could go wrong if they have some legal right to be in the property and you give them cash. Once you get them out, I would vet the next tenant like they were trying to get access to classified records- elementary school records, minimum credit score of 800, lived at their last place 20 yrs and never missed a rent payment, the works.

Ahchooo Sep 23, 2020 03:44 PM
Tenant Refuses to Leave Property

I have heard many sad (and expensive) tales over the years, from small landlords having to deal with deadbeat or disruptive tenants. I suppose most tenants are good, but the bad ones can really cause trouble. You’d have to have a good cash reserve to risk renting out a property.

a-1600926069 Sep 23, 2020 10:41 PM
Tenant Refuses to Leave Property

You could use a third party as a sort of "escrow" where they hold the cash and keys until both parties have fulfilled their obligations (they move out)

PitMix Sep 24, 2020 07:53 AM
Tenant Refuses to Leave Property

3:35, after thorough vetting, I would charge below market rents to encourage a good tenant to stay until they are carried out feet first. But I am not a landlord except to my non-paying freeloader dogs.

a-1600965177 Sep 24, 2020 09:32 AM
Tenant Refuses to Leave Property

It already is a fact of life among mom and pol landlords that they rent under-market to keep a good tenant. That is why government destruction of the mom and pol rental market is doubly punishing. City council, for cheap virtue signaling props, blunders into an industry they know nothing about. And refuse to budge off their greedy landlord deserves to be punished narrative.

beautifulday Sep 24, 2020 11:07 AM
Tenant Refuses to Leave Property

Hello PITMIX,
A background credit check does not necessarily make for a good tenant. I speak from experience. I rented my 4-bdrm beautiful Mission Canyon hope to those that were outstanding within their credit background checks and in 30 years there of the shining star tenants turned out to be nightmare & destructive tenants. Since then I trust my instinct about people and has a proper deposit. Many tenants may have a spot on their credit, or claimed BK...that does not make them bad people, just struggling at some point I time. It has been my experience that those tenants have been my best. Can't judge a book by its cover.

Andrea Smith Sep 23, 2020 04:28 PM
Tenant Refuses to Leave Property

I think more info is needed. Why are you trying to evict? There are protections for evictions based on non-payment of rent but as far as I know if someone violates the terms of the lease, violates public health orders by having parties, they can get booted. Several LLs in IV are doing that right now. While I think it's ridiculous that LL's are being saddled with the consequences of this pandemic, they still have rights. Oh and I'm a renter. Who would never take advantage of this situation and who tries hard to be a good tenant.

vvorker Sep 23, 2020 05:14 PM
Tenant Refuses to Leave Property

The King of squatting still has to be Randy Quaid and his wife.. Ever seen the movie Christmas Vacation, it is Quaid's best.
Just wait till January when we have the evictions, it is gonna be a Chris Farley time..."and yes you can live in a van down by the river/beach!"
Dario Pinni has not been sleeping well lately I have heard..
Just deserts for the property owners in town, methinks!

OAITW Sep 23, 2020 05:48 PM
Tenant Refuses to Leave Property

The obvious answer is to never rent your property in the first place. The more people realize this the more desirable Santa Barbara will become, the lower the crime rate will be, the less crowded our neighborhoods will be, the lower social welfare costs will be and the faster your property will appreciate in value. Why would any property owner want to give up control of their property to a complete stranger who does not have the means to own property themselves.

Sail380 Sep 23, 2020 06:04 PM
Tenant Refuses to Leave Property

Not sure I follow your logic.
-Lower crime rate? Is there a guaranty that home owners are not criminals?
-Less crowded neighborhood? What control is in place to limit the size family moving into a neighborhood?
-lower social welfare? Are you stereotyping renters as social welfare recipients?
-Give up control of property? Residential or commercial investment property is a financial vehicle to accumulate wealth. There is a risk reward to owning property.
-Strangers with no means to own property? Again I think your stereotyping renters as a poor social welfare recipients.

Thanks for your thoughts. Always glad to hear others opinions.

PitMix Sep 24, 2020 07:51 AM
Tenant Refuses to Leave Property

So all those people that rented rooms and/or property over the millenia were just idiots? What percent of landlords end up with a toxic tenant that they couldn't have known about by doing a thorough background check? My guess is very small.

Andrea Smith Sep 24, 2020 11:57 AM
Tenant Refuses to Leave Property

OAITW, without rentals they'll be no one to serve you your dinner and drinks when you go out and about, or anyone to handle your dry cleaning, hair cuts and the like. Or to fix your car, can and bag your groceries, give you a facial or massage. No one working regular jobs can afford to commute. Also I am a renter by choice. I don't want to worry about fixing stuff when it breaks, and if I decide to move I can easily do so. I'm actually saving money by renting.

a-1601005116 Sep 24, 2020 08:38 PM
Tenant Refuses to Leave Property

“No one working regular jobs can afford to commute.” Then who the hell are all those people commuting? I thought those were people who couldn’t afford to live here?

a-1601012867 Sep 24, 2020 10:47 PM
Tenant Refuses to Leave Property

40 minute commutes are average - gets you to plenty of affordable housing in this area. Substitute " I refuse to commute" when you hear anyone complain they can't afford to live in Santa Barbara and then tells us we need to build more "affordable housing" just for them.

Babycakes Sep 23, 2020 06:13 PM
Tenant Refuses to Leave Property

My nephew had a very seeet rental lined up a couple months ago in the Upper East, but was denied renting the private pool house. He found out later that he did not get the place because he had a Hillary sticker on the back of his car. Funny thing is he is/was a Bernie supporter, but was driving his girlfriend's car!!! Denied because of "politics"....go figure.

PitMix Sep 24, 2020 07:49 AM
Tenant Refuses to Leave Property

I got $500, let me know when the job is done. I am always curious to see if tough talkers on anonymous social media will back up their vigilante threats.

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