Re: Nightmare Tenant after TS sale!

There are three possibilities, each requires a different type of notice. I'd wait until I had recorded the Trustees Deed, then serve the appropriate notice to cover each possibility. Don't be bashful, serve all three at the same time.

1. You are dealing with an owner-occupant. Serve the appropriate 3-day notice.

2. You are dealing with a tenant, and his rent is paid current. Serve a 90-day notice to quit.

3. You are dealing with a tenant, and his rent is not current. Serve a 3-day pay or quit notice. Ask for a reasonable amount of rent. He just might respond by paying the rent you demanded. To cover yourself for this eventuality, you should also serve him with a 90-day notice to quit.

To summarize, you should serve 1) A three day notice to evict the owner, 2) a 3-day notice to pay rent or quit, and 3) a 90-day notice to quit.

He has to respond to the first and second notices in writing within just as few days and the case will be tried in court.. If he doesn't respond, you get a judgement and the marshal will give you possession a short time later.

If he is to have any chance of winning a trial, his response will have to provide some kind of defense - I don't owe rent because I am an owner, or because I already paid it. Your attorney will then be able to ask, in front of a judge, for proof of the statements. He can ask for a copy of a rental agreement, copies of rent checks, or other tangible proof.

Even if you lose the case based on a 3-day notice, you win, because you now have the information you need. And just in case you lose here, you have the backup of the 90-day notice you have already served.

I don't want to go into specifics of the wording for the above notices, because I think you should use the forms recommended by your attorney. He should know what works in the court where the case will be heard.

Which brings me to my last point: be sure your attorney has lots of experience in that particular courtroom. Call a large property management company in the area of your property and ask who they use.

Enjoy.

Dond