Tenant Refuses to Leave Property

https://weleaseusa.com/how-to-evict-problem-tenant-in-california/

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.

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.

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.

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.

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?

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.

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.

so far, no where did the poster say the tenants were NOT paying. this is all assumptions

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.

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!

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

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?

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.

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...

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

Touché

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*

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...

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.

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.

PITMIX - With those background requirements, good thing you're not a landlord.

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.

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)

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.

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.

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.

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.

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.

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.

“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?

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.

If I could I would do it too...I don't like anyone messing with older folks..

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.